On a cold December morning, with her daughter Maureen in the passenger seat, Teresa Hart lost control of her car and slammed into a median before twice rolling over.
The accident occurred on the Taconic State Parkway just as the road began to curve near a "rock cut area" - where a rock formation was blasted to create the roadway.
In Hart v. State of New York , Teresa and Maureen brought separate lawsuits against the State of New York to recover damages for their injuries.
Since neither Wayne Shutts, the highway maintenance supervisor who was patrolling the parkway prior to the accident, nor the Harts, observed ice on the road, the Court of Claims granted judgment in the State's favor.
On appeal, the Appellate Division, Third Department, reiterated that the Harts needed to demonstrate that the State failed to diligently address the dangerous conditions once it had been provided with actual or constructive notice of their existence.
While the State may be liable for failing to warn of, or correct, a recurring hazardous condition of which it has notice, a general awareness that icy conditions may exist won't cut it.
According to the AD3, the State's knowledge that road temperatures in rock cut areas are typically a few degrees lower than pavements in other areas also wasn't sufficient to trigger liability.
Without evidence that the State was aware of icy conditions at the site where the Harts were injured, the AD3 concluded that the State acted reasonably and diligently in addressing other hazardous conditions and was not liable for the damages the Harts incurred.
Rather Hartless outcome wouldn't you agree?
For a copy of the Appellate Division's decision, please use this link: Hart v. State of New York