In Tutrani v. County of Suffolk , Pamela Tutrani sued Suffolk County for injuries she suffered while driving on the Long Island Expressway (LIE).
Tutrani was forced to stop short when a police car driven by Officer Lee Weidl, "decelerated from approximately 40 miles per hour to 1 or 2 miles per hour." Although Tutrani was able to avoid rear-ending Weidl's vehicle, Darlene Maldonado was unable to stop in time and rear-ended Tutrani.
After a Suffolk County Supreme Court jury equally apportioned fault for Tutrani's injuries between Officer Weidl and Maldonado, the Appellate Division, Second Department, reversed. It was of the opinion Officer Weidl didn't cause the accident because Tutrani "'was able to come to a complete stop without hitting Officer Weidl's vehicle'."
On appeal to our state's highest court, the Court of Appeals determined the Officer's driving "was a substantial cause of the collision between [Tutrani] and Maldonado even though there was no contact between [Tutrani's] vehicle and the Weidl vehicle."
While the case was sent back to the Appellate Division, Second Department, for consideration of the unresolved issues, we're wondering how the jury's apportionment of liability will LIE?
To download a copy of the Court of Appeals' decision, please use this link: Tutrani v. County of Suffolk