Gardner v. State
Opinion of the Court
Appeal from a judgment of the Court of Claims (Diane L. Fitzpatrick, J.), entered November 5, 2009 in a wrongful death action. The judgment dismissed the claim after a trial.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the claim is reinstated, judgment on liability is granted in favor of claimants and the matter is remitted to the Court of Claims for a trial on the issue of damages only.
Following a trial, the Court of Claims determined that the snow piled against the highway’s concrete barrier guard constituted a dangerous condition of which defendant had notice. Nevertheless, the court concluded that, based on the continuing weather pattern, defendant did not have “resources and manpower” to remedy the dangerous condition between the time of the first fatal accident and decedent’s accident, and the court therefore dismissed the claim. Viewing the evidence in the light most favorable to the prevailing party, we conclude that the court’s decision could not have been reached under any fair interpretation of the evidence (see generally Matter of City of Syracuse Indus. Dev. Agency [Alterm, Inc.], 20 AD3d 168, 170 [2005]; Farace v State of New York, 266 AD2d 870 [1999]).
Defendant has a duty to maintain its roadways “in a reasonably safe condition for foreseeable uses, including those uses resulting from a driver’s negligence or an emergency” (Stiuso v City of New York, 87 NY2d 889, 891 [1995]; see Carollo v Town of Colden, 27 AD3d 1077, 1078 [2006]). That duty includes “an obligation to provide and maintain adequate and proper barriers along its highways” (Gomez v New York State Thruway Auth., 73 NY2d 724, 725 [1988]). Defendant argued at trial that its response to the first fatal accident, i.e., continuing its regular snow and ice removal operations on the bridge, was reasonable because it was in conformity with New York State Department of Transportation guidelines for snow and ice removal. We conclude, however, that those guidelines were “evolved without adequate study or lacked reasonable basis” (Weiss v Fote, 7 NY2d 579, 589 [1960], rearg denied 8 NY2d 934 [I960]), inasmuch as they provide for the correction of a dangerous
We therefore reverse the judgment, reinstate the claim, grant judgment on liability in favor of claimants and remit the matter to the Court of Claims for a trial on the issue of damages only. Present — Smith, J.B, Fahey, Lindley, Sconiers and Gorski, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.