Adams v. State

Appellate Division of the Supreme Court of New York

Adams v. State

49 A.D.2d 1026, 374 N.Y.S.2d 487, 1975 N.Y. App. Div. LEXIS 11385

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1975

DocketClaim No. 51739

StatusPublished

This text of 49 A.D.2d 1026 (Adams v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 49 A.D.2d 1026, 374 N.Y.S.2d 487, 1975 N.Y. App. Div. LEXIS 11385 (N.Y. Ct. App. 1975).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: Claimant was injured when his motorcycle ran off a road at a curve. Two well-qualified experts tested the maximum safe speed at which the curve should be negotiated, and concluded that it could be traveled safely at the legal speed limit of 50 MPH. The testing method employed was one of common usage and is prescribed by the New York State Manual of [1027]*1027Uniform Traffic Control Devices for determining the recommended speed on curves. The results of these tests were not disputed by claimant. The claimant’s expert relied on such test method but also on an alternative testing method which showed an estimated maximum safe speed of 43-47 MPH. The trial court was justified in finding that 50 MPH was a safe speed limit. In any event, since testimony produced by claimant at the trial placed his speed at 40 or 45 MPH, a failure to post a sign stating a speed limit of 40 or 45 MPH should not be considered as contributing to claimant’s accident. (Appeal from judgment of Court of Claims dismissing claim for damages for negligence.) Present—Moule, J. P., Cardamone, Mahoney, Goldman and Witmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed, without costs. Memorandum: Claimant was injured when his motorcycle ran off a road at a curve. Two well-qualified experts tested the maximum safe speed at which the curve should be negotiated, and concluded that it could be traveled safely at the legal speed limit of 50 MPH. The testing method employed was one of common usage and is prescribed by the New York State Manual of [1027]*1027Uniform Traffic Control Devices for determining the recommended speed on curves. The results of these tests were not disputed by claimant. The claimant’s expert relied on such test method but also on an alternative testing method which showed an estimated maximum safe speed of 43-47 MPH. The trial court was justified in finding that 50 MPH was a safe speed limit. In any event, since testimony produced by claimant at the trial placed his speed at 40 or 45 MPH, a failure to post a sign stating a speed limit of 40 or 45 MPH should not be considered as contributing to claimant’s accident. (Appeal from judgment of Court of Claims dismissing claim for damages for negligence.) Present—Moule, J. P., Cardamone, Mahoney, Goldman and Witmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

49 A.D.2d 1026, 374 N.Y.S.2d 487, 1975 N.Y. App. Div. LEXIS 11385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-nyappdiv-1975.