Last week a Pennsylvania road worker was denied an appeal to her dismissed case. Alice Ward was working as a traffic controller at a construction site on a Pennsylvania road when she was struck and seriously injured by a driver under the influence of heroin.
Nicolas DeSimone, the driver who struck Ward, was driving home from a visit to his probation officers after informing them he would not pass the drug test because he had been using heroin. At the construction site, DeSimone passed three warning signs before injuring Ward.
Ward sued the probation officers, alleging that they had failed their official duties by allowing DeSimone to drive after openly admitting to heroin use. The first judge for the case dismissed the charges, and last week Ward’s appeal was also dismissed.
The case turns on government immunity from lawsuits. The 11th Amendment of the Constitution states: