Goldberg Segalla won an appeal on May 23, 2012, for a municipal client in a personal injury suit. The victory, achieved by Brian W. McElhenny, concludes nine years of litigation on the matter for this Long Island town.
The plaintiff was an 18-year-old passenger in a vehicle operated by her boyfriend. The car skidded on a patch of ice on a town-maintained road, lost control, struck a snow bank, and overturned. The town argued that although there was evidence of actual notice of a water condition, there was no liability without written notice of the defect, and the town did not create the condition.
The vehicle operator had a $25,000 insurance policy. The plaintiff sustained a serious neck injury, including spinal cord injury and a fracture of C5-C6, requiring cervical fusion surgery from C4-C7, plus two months of hospital and rehabilitation treatment.
The Appellate Division-Second Department affirmed the order dismissing the plaintiff’s complaint against the town.