Cipriano v. State

171 A.D.2d 169, 574 N.Y.S.2d 848, 1991 N.Y. App. Div. LEXIS 13056
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 17, 1991
DocketClaim No. 73834
StatusPublished
Cited by11 cases

This text of 171 A.D.2d 169 (Cipriano 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
Cipriano v. State, 171 A.D.2d 169, 574 N.Y.S.2d 848, 1991 N.Y. App. Div. LEXIS 13056 (N.Y. Ct. App. 1991).

Opinion

OPINION OF THE COURT

Mikoll, J.

It was disclosed at trial that claimant was injured when the automobile in which she was a front-seat passenger went off the northbound lane of the Thruway at milepost marker 99.9 in the Town of Saugerties, Ulster County. Because the driver fell asleep at the wheel and claimant, along with the other passengers in the car, were also asleep, no eyewitnesses to the accident were available. The accident was reconstructed by testimony of several witnesses who testified to the physical evidence at the scene. The Court of Claims accepted the testimony of State Trooper Peggy Casey as to the physical evidence at the scene with which findings we concur. Casey testified that the accident occurred on a four-lane highway paved with concrete, two lanes northbound and two lanes southbound, each 12 feet wide, separated by a grass median, with a speed limit of 55 miles per hour. The macadam shoulder of the road was 10 feet wide. Since 1981, when the road was rehabilitated, a 325-foot-long corrugated-beam guiderail was installed, 125 feet of which was south of a box culvert and 200 feet thereof north of and beyond the culvert.

As the vehicle in which claimant was a passenger approached the accident site going north, to the east of the shoulder there was a shallow drainage ditch running along [171]*171the east side of the highway, with a cut slope on the eastern side thereof. The cut slope and the embankment slope formed a shallow trough leading down toward a brook to an area some distance east of the concrete box culvert which was supported by wall wings. The culvert ran east to west. It had been constructed to channel the brook running under the Thruway. At the east end of the concrete box culvert was a body of water.

Casey indicated that the car passed over the flat part of the beginning of the guiderail which was imbedded in the ground and then passed over the right shoulder, traveling between the guiderail and the edge of the embankment. It hit the top of the culvert, became airborne, landed and traveled another 50 feet forward.

It was claimant’s contention that if the guiderail had been longer, the car would not have left the roadway but would have been redirected back to it and that the absence of a longer guiderail was the proximate cause of the accident.

Claimant’s expert testified that in his opinion the accident would not have happened if the guiderail had been extended southward at least 25 feet. He opined that an extension of the guiderail was required by the guidelines of the Department of Transportation. He concluded that the body of water located at the east end of the culvert was a hazard which required the construction of longer guiderails at the scene. The opinion of the State Thruway Authority’s

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Bluebook (online)
171 A.D.2d 169, 574 N.Y.S.2d 848, 1991 N.Y. App. Div. LEXIS 13056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cipriano-v-state-nyappdiv-1991.