Illustration: Jeff Hopkins.
When municipalities are sued in tort, two of the most powerful bars to recovery are the public duty principle and the governmental function immunity defense. When these two principles are applicable, the City will not be made to pay compensation even if a City employee had been negligent and caused an injury. (more…)
Credit: CityLaw
Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position.” (more…)
Early tort law was heavily weighted towards injuries that involved train accidents. Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.
Intersection of Sunrise Highway and Old Sunrise Highway. Image Credit: Google Maps
Motorcyclist was killed when he made contact with another vehicle, lost control, and skidded approximately 95 feet until he struck a guardrail. On a clear dry afternoon Vincent Iovine drove a motorcycle east on Sunrise Highway in Nassau County traveling at a speed of 62 miles per hour in a 45 mile per hour zone. At the same time, Guadalupe Carranca had stopped her car at a stop sign on Old Sunrise Highway. Carranca intended to turn right onto Sunrise Highway. As Carranca attempted to merge directly into the left-turn lane of Sunrise Highway, she crossed over three lanes of traffic and then over a solid white line. Before Carranca could successfully complete the merge, Iovine’s motorcycle collided into Carranca’s vehicle. Iovine lost control of the motorcycle, skidded about 95 feet, and made contact with a guardrail. Iovine died from the injuries. (more…)
Welcome to CityLand‘s sixth annual top ten stories of the year! We have selected a range of our most popular and prominent stories, and guest commentaries concerning New York City land use in 2017. Our 2017 coverage was highlighted by articles concerning the approval of construction safety training for construction workers, proposals for the creation of more affordable housing, neighborhood rezonings, the protection of landmarks, and a guide on tort liability for injuries involving trees. We at CityLand are excited to continue providing in-depth coverage of the latest land use projects, cases, and legislation in 2018 and look forward to seeing what the year will bring. Thank you for all of your support and have a happy new year! (more…)
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