“Newport knew about the protruding ‘lip’ of the granite margin and planned to eliminate it in the spring through the application of a final course of asphalt that would make the roadway surface flush with the granite,” an appellate court judge wrote. “At the time of the incident, the granite protrusion lacked any traffic cones, warning signs, or paint. As Newport’s construction manager put it, he believed paint was not necessary because the protrusion was ‘not in a pedestrian path of travel.'”


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