Perri and Van Dusen Win Summary Judgment Dismissal in Favor of Governmental Water Authority Client in Motorcycle Accident Case
A plaintiff motorcycle operator riding a motorcycle in the rain to work on October 23, 2020, lost control of his motorcycle, crashed and allegedly sustained arm and spinal injuries. The plaintiff sued the town that owned the road, the cable company, the cable company’s contractor, a railroad track contractor, the gas company and the public water authority all of who had done work in the roadway near the accident in the years leading up to the accident. The plaintiff contended that depressed pothole-like conditions in the roadway caused his accident when his rear tire hit the depression, causing him to lose control and crash. Over a dozen depositions were conducted of parties and non-parties to, inter alia, clarify who created the alleged defective roadway condition. All defense groups moved for summary judgment based on different theories and facts related to their respective work in the roadway over the years. The New York Supreme Court, Nassau County, after consideration of each of the defendants’ respective motions, ultimately granted summary judgment to all defendants, including Clausen Miller’s client, the governmental Carle Place Water District, that did not cause the alleged defective roadway condition.
Carl M. Perri
Matthew J. Van Dusen