Gomez v. New York State Thruway Authority
Cases that cite this one
21 later published cases cite this decision.
- Tuchrello v. State (N.Y. Ct. Cl. 2001)
- Colegrove v. County of Steuben (Appellate Division of the Supreme Court of New York 1995)
- Giske v. State (Appellate Division of the Supreme Court of New York 1993)
- Stevens v. State of New York (N.Y. Ct. Cl. 2024)
- Roque v. State of New York (Appellate Division of the Supreme Court of New York 2021)
- Reames v. State of New York (Appellate Division of the Supreme Court of New York 2018)
- Bednoski v. County of Suffolk (Appellate Division of the Supreme Court of New York 2016)
- Turturro ex rel. Turturro v. City of New York (N.Y. 2016)
- PINTER, MARY v. TOWN OF JAVA (Appellate Division of the Supreme Court of New York 2015)
- Pinter v. Town of Java (Appellate Division of the Supreme Court of New York 2015)
- GREVELDING, JR., PETER E. v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2012)
- Grevelding v. State (Appellate Division of the Supreme Court of New York 2012)
- Ferguson v. Sheahan (Appellate Division of the Supreme Court of New York 2010)
- Gardner v. State (Appellate Division of the Supreme Court of New York 2010)
- Popolizio v. County of Schenectady (Appellate Division of the Supreme Court of New York 2009)
- Hill v. Town of Reading (Appellate Division of the Supreme Court of New York 2005)
- Church v. Callanan Industries, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Gregorio v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Temple v. Chenango County (Appellate Division of the Supreme Court of New York 1996)
- Ames v. City of New York (Appellate Division of the Supreme Court of New York 1991)
- Juliano v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Claimant was injured when he was involved in an accident on a Thruway bridge over the Wallkill River. The accident occurred when his vehicle skidded on the icy surface of the highway, traveled up a pile of frozen snow plowed against a guardrail of the bridge and flipped over. Claimant instituted this action seeking to recover from the Authority for negligently maintaining the road and the guardrails. The Court of Claims found that defendant had negligently failed in its duty to maintain the guardrails for the purpose intended and that its failure proximately caused claimant’s injuries. It awarded him $510,000 damages and a divided Appellate Division affirmed the judgment.
The State has an obligation to provide and maintain adequate and proper barriers along its highways (see, Lattanzi v State of New York, 74 AD2d 378, affd 53 NY2d 1045) and its failure to do so may result in liability if the failure is a substantial factor in causing or aggravating a claimant’s injuries (Gutelle v City of New York, 55 NY2d 794; Stuart-Bullock v State of New York, 33 NY2d 418). Insofar as the courts below found that the Thruway had failed to fulfill this duty and that its failure was a substantial factor in producing claimant’s injuries and those findings are supported by evidence in the record, they are beyond our review.
*726 Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.