In an opinion consistent with precedent, the Supreme Court confirmed that the development of a plan by a government entity is a discretionary function for which the government is immune from liability.
The plaintiff in this case was driving a rental truck through the City of Dover when he encountered a detour around a bridge that the New Hampshire Department of Transportation (DOT) was repairing. He followed some of the detour signs but failed to observe a “trucks turn right” sign, causing him to drive under a low clearance bridge. Unfortunately, the clearance was, indeed, too low, and the truck was significantly damaged. The plaintiff filed a claim against DOT, claiming that the State’s detour signs were deficient.
Governmental entities in New Hampshire are immune from liability for conduct that involves the exercise or performance of a discretionary executive or planning function. When the particular conduct which caused an injury is one characterized by a high degree of discretion and judgment involved in weighing alternatives and making choices with respect to public policy and planning, governmental entities should remain immune from liability.
In this case, the development of the detour plan was an example of a discretionary function for which DOT was immune from liability. DOT officials held a meeting with local officials to discuss the detour route, considered various signs, and developed a detour plan after considering the alternatives. The Court found that this process involved weighing alternatives and making choices with respect to public policy, and that it was protected by discretionary function immunity.