Appellate Division, Fourth Department –
Motorcycle Accident – Traffic Control Device
Proximate Cause – Roadway Conditions
Gallaway v. Town of North Collins, et al.
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action after sustaining injuries when his motorcycle collided with a vehicle on a road owned by the defendant. The defendants appealed from the denial of its motion for summary judgment.
Ruling: The Appellate Division reversed. The court noted that the vehicles in question were traveling toward each other when the collision occurred. The collision occurred on a curve in the roadway. The defendants established that the signs warning of the curve and advising a lesser speed complied with the requirements of the Manual of Uniform Traffic Control Devices. Further, the Appellate Division noted that the plaintiff testified that he observed gravel on the road earlier in the day as a result of the shoulder having been washed out by recent rain. He also testified that he maintained control of his vehicle. Therefore, if there were any excess stone and oil from gravel it was not a proximate cause of the plaintiff’s injuries.
Michael T. Reagan of Congdon, Flaherty, O’Callaghan, Reid Donlon, Travis & Fishlinger for the defendants-appellants; Peter Snodgrass of Collins & Collins Attorneys for the plaintiff-respondent