Alexandra Benshoff was injured when she hit a backhoe parked on the side of a highway and later sued the Niagara Mohawk Power Corporation (and others) claiming that the truck had been illegally parked.
After the Onondaga County Supreme Court dismissed her negligence case, Benshoff appealed to the Appellate Division, Fourth Department, which thought that a hearing was warranted because there where unresolved questions as to where the backhoe was parked at the time of the collision.
The AD4 noted that if the construction vehicle was left on any portion of a paved roadway, Niagara Mohawk would have had a responsibility to take appropriate precautions to avoid an accident or injury.
Off to work they go.
To view a copy of the Appellate Division's decision, please use this link: Benshoff v. Rakoczy