The negligent design of this thorough fare is a predictable consequence of
the low limit of liability that State Institutions typically enjoy. Put
another way, if UT and their liability underwriter (if any) were exposed to
the same levels of compenstory punishment that those in the private sector
are, we would not be wasting our time on this today.

If the suject were a traffic way on private property, say BiLo, here's how a
typical safety expert witness would report in such a negligence action:

"The expert reports:

The observations were made over the past four weeks and pertain to the
vehicular and pedestrian traffic on 5th St. between the multi-story parking
garage and lot 30. These observations as well as  conclusions, opinions and
recommendations follow.

Observations:
Motorists failed to stop for pedestrians waiting to cross 5th Street at the
marked crosswalks.
Motorists used the newly divided eastbound lane to pass vehicles that
stopped or slowed at the pedestrian crossings.
Motorists utilized the newly divided eastbound lane to pass on the right of
slower traveling vehicles.
Motorists passed on the left of slower vehicles traveling in the newly
divided eastbound lane.

Conclusion:
Given the well-known potential for injury to pedestrians when motorists fail
to yield, and given the above observations, it is this expert's conclusion
that the conditions of this traveled way are extremely dangerous.

Opinion:
Because the principles related to the identification and mitigation of such
hazardous conditions are well known and understood, it is this expert's
opinion that the above conditions are unreasonably dangerous.

Recommendations:
It is strongly recommended that appropriate steps be taken mitigate the
hazardous conditions as soon as possible. Such steps may include:
                Eliminating the “passing lane” and its implied invitation to pass.
                Placing signage conspicuously within and along the traveled way to:
                        Alert motorists to the high pedestrian traffic conditions
                        Instruct motorists to stop for pedestrians
                        Instruct motorists of the prohibition to passing


Respectfully submitted,"


Ronald Goulet, Ph.D., P.E., C.S.P.
Ass’t Professor Mechanical Engineering
Dept. 2502   244 Grote Hall
615 McCallie Ave.
Chattanooga, TN  37403-2598