Court Dismisses Complaint and All Cross-Claims Against General Contractor in Work Zone Automobile Accident Case
In a decision dated March 24, 2017, Justice Charles M. Troia granted summary judgment dismissing the plaintiff’s complaint and all cross-claims against our client, defendant CCA Civil, Inc., as a matter of law. Plaintiff, the operator of a motor vehicle, claims he was injured in a car accident in which the co-defendant rear ended his vehicle in a construction zone located on the Staten Island Expressway in Staten Island, New York. It is alleged that CCA was negligent in, among other things, the maintenance and protection of traffic on the subject roadway. In support of its summary judgment motion, CCA argued that it implemented, deployed and maintained the work zone traffic control plan in accordance with the State of New York’s plans, approvals and specifications as set forth in the contract between the State and CCA. It also argued that the plans and specifications upon which it relied and implemented were not so defective on their face that it was unreasonable for CCA to rely upon them. The evidence established that the work zone traffic control plan implemented by CCA at the time of the accident was proper for the location. Moreover, the testimony of the plaintiff and co-defendant established that the work zone traffic control plan did not create a dangerous condition and CCA’s work was not the proximate cause of the plaintiff’s accident. After oral argument on the motion, the Court granted CCA summary judgment because opposing counsel failed to raise any issue of fact that would have resulted in a denial of the motion.
Puccio v. John Denora et al., Index No. 101313/2014 (Richmond Co. Sup. Ct., Mar. 24, 2017)
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