Court Dismisses Complaint As to Defendant Contractor In Action Involving Motorcycle Which Allegedly Struck a Flattened Orange Construction Barrel in Roadway
In a decision dated December 27, 2019, the Hon. Orlando Marrazzo, Jr. granted our client CCA Civil-Halmar International, LLC summary judgment, dismissing the plaintiff’s complaint in its entirety as a matter of law. The plaintiff commenced this action alleging personal injuries resulting from an accident that occurred while he was operating a motorcycle eastbound just past midnight on the Cross Bronx Expressway. At the time of the accident, the plaintiff was about 200 feet east of the 1B Major Deegan Expressway Exit and changing lanes when his motorcycle allegedly struck a flattened orange construction barrel in the roadway causing him to fall off his motorcycle. After a review of the facts in the light most favorable to the plaintiff, the Court determined that the “defendant implemented, deployed and maintained the work zone traffic control plant in accordance with the State of New York’s plans, approvals, and specifications as set forth in the contract between the defendant and New York State.” The Court further opined that the “plaintiff failed to demonstrate that the plans and specifications upon which the defendant relied and implemented were defective.” In light of the foregoing, the Court granted CCA summary judgment dismissing the plaintiff’s complaint as against it as a matter of law.
Elias Corniel v. CCA Civil-Halmar International, LLC, Index No. 100670/2015 (Richmond Co. Sup. Ct., Dec. 27, 2019)
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