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Save lives, stop the lawsuits

| June 18, 2007 9:00 PM

The lawsuit filed against the city and Idaho Transportation Department regarding the pedestrian fatality on Fifth Avenue is an indication of things to come if ITD makes the choice to build the byway as configured, given its complete lack of either a median barrier or separation. Sadly, a lawsuit is incapable of restoring a life.

The Idaho Code for licensed professional engineers specifies that an engineer's primary obligation is to protect the safety of the public in the performance of their duties. Further, the statute specifies that the standard of care to be applied to a project can be measured by that which others in the profession would exercise under like circumstances. Given that the engineers at ITD and their consultants have determined that, with the exception of the byway, median barriers or separation are required the entire length of US-95 from Garwood to Ponderay makes it is clear that the "standard of care" obligation has not been met. At a price in excess of $100 million for 2.2 miles of highway, it has not been for lack of funding.

That I have no love lost for the Sand Creek Byway should come as no surprise. Regardless, it is the engineers at ITD and their consultants that bear the responsibility to protect the safety of the public as they have been entrusted. It is time that the public insist that these same engineers meet their statute obligation by bringing the proposed byway design up to best current practice for highway safety.

STEVE POTTER

Sandpoint

Citizens for the

Sandpoint Tunnel