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Brooks v. New York State Thruway Authority

415 N.E.2d 963, 51 N.Y.2d 892, 434 N.Y.S.2d 974, 1980 N.Y. LEXIS 2891
New York Court of Appeals·Decided November 11, 1980·No. Claim 59820; Claim 59821·Published·Cited by 17 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The experts for both sides testified that the hole in the highway was neither of the size nor the depth to deflect the tire of the claimants’ vehicle. Nor was there evidence that striking the hole would produce any bump or condition which would cause the driver to lose control of the vehicle. The evidence was insufficient to establish a casual relationship between the State’s alleged negligence in failing to repair the pothole and the accident in this case. Although there was some testimony that the accident could have been caused by an attempt to avoid the pothole a conclusion that this had in fact occurred would be speculative on this record.

*894 With this uncertainty as to causation, it must be concluded that the claimants have failed in their proof.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Brooks v. New York State Thruway Authority, 415 N.E.2d 963, 51 N.Y.2d 892, 434 N.Y.S.2d 974, 1980 N.Y. LEXIS 2891 (N.Y. 1980).

415 N.E.2d 963 (Brooks v. New York State Thruway Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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