Since KDOT did not consider the Longview Road to be an official detour, KDOT had not taken any steps to erect traffic control signs at intersections. The appellant sued KDOT alleging it was negligent in permitting an illegal and dangerous nonstatutory detour. She filed a motion for partial summary judgment claiming she was entitled to judgment as a matter of law on the unofficial detour as a nondiscretionary act, if she established that the detour was negligently established. KDOT opposed the motion, claiming the signs posted by Crupper's were not official detour signs and, therefore, KDOT had no duty to maintain the roads with posted signs. After a hearing on the motion, the trial court found that KDOT had no duty or liability and dismissed the case.
Statutory interpretation is a question of law.
Appellate review of questions of law is unlimited. 23 Kan. App. She argues that KDOT established a detour when it allowed Crupper's to place direction signs to its business. This statute provides that the Secretary of KDOT may mark roads as detours around road work on state highways. However, if these designated detour roads are marked, the Secretary must maintained the detour roads until the road work is completed.