A highway authority that contracts out road works retains a non-delegable duty to users of the highway and cannot avoid liability by delegating performance to an independent contractor. However, the contractual allocation of responsibility between the authority and the contractor is relevant to apportionment of liability between them as concurrent tortfeasors. An appellate court will not disturb a trial judge's apportionment between concurrent tortfeasors except in the most extraordinary circumstances. A motorcyclist's failure to notice warning signs while fixated on approaching headlights may amount to only modest contributory negligence (10%) where the signs were not prominently positioned.
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