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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department – Gallaway v. Town of North Collins, et al.

Fourth Department – Gallaway v. Town of North Collins, et al.

Appellate Division, Fourth Department

Motorcycle Accident – Traffic Control Device

Proximate Cause – Roadway Conditions

Gallaway v. Town of North Collins, et al.

CA 14-02213

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