Rooney v. State
Opinion of the Court
In a claim to recover damages for personal injuries, etc., defendants appeal from an interlocutory judgment of the Court of Claims (Lengyel, J.), entered October 25, 1983, which, after a nonjury trial on the issue of liability only, adjudged defendants to be 80% at fault and claimant Mary Rooney to be 20% at fault in the happening of the accident.
Interlocutory judgment modified, on the facts, by decreasing the liability of defendants from 80% to 50% and by increasing the liability of claimant Mary Rooney from 20% to 50%. As so modified, interlocutory judgment affirmed, without costs or disbursements.
There was sufficient evidence in the record to support the finding of the Court of Claims that the defendants State of New York and New York State Thruway Authority (Thruway Authority) were negligent in failing to properly maintain the overpass of the New York State Thruway and the segment of
There was ample evidence that the State had actual knowledge that water dripped from the deck of the Thruway overpass onto Route 17 during periods of rain or snow, based upon the testimony of the members of the Thruway Authority maintenance crew who were working on the piers supporting the overpass when the accident occurred and the report prepared on behalf of the Thruway Authority by engineering consultants, documenting the deterioration of the Thruway overpass at this location which allowed water to seep through the deck and its supporting structures. It was reasonably foreseeable that, under the weather conditions prevailing at the time the accident occurred, water would collect on Route 17 and refreeze to form the ice patch upon which claimant Mary Rooney’s car skidded. Thus, the Court of Claims could reasonably conclude that the Thruway Authority was negligent in failing to remove the snow which was piled up against the edges of the overpass deck above the northbound lane of Route 17, in accordance with the highway maintenance guidelines of the New York Department of Transportation, thereby exacerbating the hazardous condition created by the water dripping from the overpass. In addition, the State may be charged with constructive knowledge of the large patch of ice on which claimant Mary Rooney’s car skidded. A Thruway Authority maintenance crew was working in the area of Route 17 in question on the date when the accident occurred and during the period prior thereto. While members of that crew testified that they did not notice any ice in the area, the Court of Claims could properly discount such testimony in light of the evidence that the patch of ice in question was of a significant size and could reasonably infer that it existed for a sufficiently long period of time prior to the accident to enable the Thruway Authority to take actions to mitigate the hazard, once it developed, including sanding and warning motorists to avoid the area.
We agree with the trial court’s finding that negligence on the part of the claimant Mary Rooney was a proximate cause of the accident. In view of claimant’s testimony showing that she had prior knowledge of the recurring condition of the roadway, and her opportunity to avoid the problem on the day of the accident, for example, by driving in the left lane of the northbound roadway of Route 17, we conclude that a more appropriate apportionment of liability between claimant and defendants would have been 50%. The interlocutory judgment has been
Case-law data current through December 31, 2025. Source: CourtListener bulk data.