In Santiago v. City of New York , Evelyn Santiago's partner was killed in a motorcycle accident.
Although the decedent was unlicensed and intoxicated, Santiago sued the City of New York alleging the death was caused by defective roadway conditions.
When the Bronx County Supreme Court dismissed the case, Santiago appealed to the Appellate Division, First Department.
The AD1 thought Santiago failed to link the decedent's crash to the roadway condition. (Santiago's eyewitness never saw the motorcycle hit a defect in the road and an expert's testimony lacked evidentiary value since that individual relied on the eyewitness's testimony.)
Santiago hit a major bump there.
To view a copy of the Appellate Division's decision, please use this link: Santiago v. City of New York