In Levine v New York State Thruway Authority , Stephen Levine sued after he was injured in an automobile accident on Interstate 87.
The New York State Thruway Authority (NYSTA) was in the midst of a "highway rehabilitation project," in which a private contractor -- GBE Contracting Corp. -- was "sandblasting and cleaning" one of 17 New York bridges when a GBE employee in a tractor trailer made an illegal U-turn and crashed into Levine's car.
In a suit filed against NYSTA in the Ulster County Court of Claims, the evidence established NYSTA was responsible for a "maintenance and protection of traffic" plan which required the implementation of "speed reduction signs, lane closure signs, flags and cones ... a lighted arrow sign" and a specified area for U-turns.
Two eye-witnesses and a State Trooper testified none of those precautions were in place when they arrived at the scene, but subsequently "noticed a construction vehicle placing cones" on the lanes of the highway. By neglecting its responsibility, the Court of Claims found NYSTA breached its duty to "maintain its roads and highways in a reasonably safe condition," regardless of whether the "dangerous conditions [were] attributable to the acts and/or omissions of [its] contractors."
On appeal, the Appellate Division, Third Department, found NYSTA failed to "give adequate warning of known hazards." It also dismissed NYSTA 's claim Levine may have been intoxicated since there was insufficient proof that he was under the influence at the time of the accident's occurrence.
Will this dispute be bridged by the Court of Appeals?
To download a copy of the Appellate Division's decision, please use this link: Levine v New York State Thruway Authority