Norris V. State / 1987

A motorcyclist, whose motorcycle had struck the end of an unmarked curb immediately adjacent to a freeway on-ramp, brought a lawsuit against the State claiming negligent design and maintenance of the on-ramp. A jury found in favor of the plaintiff. The plaintiff appealed the trial court’s refusal to award him prejudgment interest on portions of the jury’s award that he contended were liquidated amounts. The State cross-appealed. The Court of Appeals held that: (1) motorcyclist was not entitled to liquidated damages; (2) motorcyclist’s testimony in deposition that he regularly visited and imbibed at certain taverns on Saturday nights was not admissible as evidence of habit; and (3) human factors specialist’s testimony as to freeway on-ramp design with reference to human perceptions and reaction times was admissible.