Court of Appeals Limits Burden of Proving Faulty Highway Design Caused Deadly Accident
On June 7, 2018, New York's highest appellate court clarified a longstanding rule regarding the liability of a municipality for failing to promptly install a recommended four-way stop sign at an intersection in the Town of Ontario. A motorcyclist with the right of way traveling north on Route 350 collided with a pick-up truck that had stopped at a stop sign before making a right turn from a side street into the intersection of Route 350. There had been 14 similar right-angle collisions at the same intersection which prompted a traffic safety study begun four years earlier, but the four way stop sign was never installed.
The 43 year old motorcyclist was killed leaving behind a boy age 15 and a daughter age 10. The motorcyclist's wife/passenger, was severely injured with permanent disabling injuries. The family was awarded over $7,000,000 but the trial Judge dismissed the claims holding that there was no proof that a four-way stop sign would have prevented the accident. The Court of Appeals disagreed and explained: “We have never required accident victim's to identify a specific remedy and prove it would have been timely implemented and prevented the accident...it was the State's burden to take reasonable steps in a reasonable amount of time. Instead, it did nothing.”
As a general rule a municipality has a qualified immunity from any claims involving the design of a roadway. However, a municipality has a duty to keep its roads reasonably safe and when it “is made aware of a dangerous condition and does not take action to remedy it”, the State may not invoke the qualified immunity doctrine.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment