This case involves a former road in Mississippi which was added to a public park’s bike trail without proper modifications. The road was closed to the public for several years, at which point it was agreed to let the maintenance road become part of the bike path system. At that time, nothing was done to bring the road into conformity with the pavement marking standards of the Manual on Uniform Traffic Control Devices (“MUTCD”). Sometime after the road was brought into the bike path system, a man was seriously injured when he struck a large pothole in the road. It was alleged that the road should have undergone restoration work in order to bring it up to code with the existing bike path surface.