Fourth Department – Negligence: City of Rome v. GHD Consulting Services Inc.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Negligence — Superseding event

City of Rome v. GHD Consulting Services Inc.

CA 24-01509

Appealed from Supreme Court, Oneida County

Background: The plaintiff commenced an action against the defendant, who was involved in the design and construction of an ultraviolet water filtration facility, seeking damages for injuries resulting from a chlorine gas leak. The leak occurred during the transition from the old water filtration facility to the new water filtration facility, at which time the water supply was being treated by an emergency chlorination system in the new facility. The plaintiff appeals from an order granting the defendants’ motion for summary judgment finding that the chief operator’s removal of a frosted chlorine tank was an unforeseeable superseding event that absolved the defendants of liability.

Ruling: The Appellate Division reversed. The court held that the defendants failed to meet their burden that the chief operator’s act was a superseding cause that interrupted the link between the defendants’ alleged failures and the damage incurred by the plaintiff. The theory of negligence was that the chlorination system was used while the room was not at the appropriate temperature and by failing to properly seal the room to contain the gas. The chief operator testified that he believed that chlorine gas was no longer flowing from the frosted tank because he closed the valve with a wrench to the point where it would not move any further. Further, he believed the rotameter may be freezing over or damaged, noting the indicator ball would occasionally stick and give a false reading.

David Capriotti, of Harris Beach Murtha Cullina, for the plaintiff-appellant; Brian Sutter, of Sugarman Law firm, Daniel D. Flynn, of Marks, O’Neill, O’Brien, Doherty & Kelly, and Nicholas Dicesare, of Barclay Damon, for the defendants-respondents.

Oral argument video