SPINNING WHEEL

In Greenberg v. Nolan, Boris Greenberg sued to recover damages for wrongful death and pain and suffering suffered by Alex Greenberg in a car crash.

Paul D. Nolan was operating a bus owned by Rides Unlimited of Niagara (Rides) when his bus collided with Alex's car. Nolan claimed Alex lost control of his vehicle -- which slipped into oncoming traffic -- because of a discrepancy in elevation between the roadway and shoulder.

After the Erie County Supreme Court permitted Nolan and Rides out of the case, Boris and the Town of Amherst appealed to the Appellate Division, Fourth Department.

While the Town contended that -- according to Town Law 65-a (1) -- written notice of the dangerous condition had to have been given to the town clerk before the case could be brought, the AD4 concluded such a step wasn't required because the town "acted affirmatively to create the dangerous condition."

The AD4 also couldn't find fault with the outcome. Nolan was lawfully operating the bus before Alex's vehicle entered the lane. And, since Alex's vehicle "spun out of control," there was no other course of action which Nolan could have taken to avoid the collision. Because Boris couldn't show Nolan was negligent, and the Town failed to establish that it "properly maintained the roadway," the lower court's ruling was upheld.

Why does it always take blood, sweat, and tears?

To download a copy of the Appellate Division's decision, please use this link: Greenberg v. Nolan