Car accident claimant denied motion changing theory of State’s liability
Matter of Schreiber-Cross v State of New York
In this New York car accident case, plaintiff’s decedent was killed in a two-car accident at the intersection of Route 25A and Columbia in Port Jefferson Station. Claimant asserted seven allegations of negligence against the State of New York, six of which pertained to the design and/or maintenance of the traffic control device location at the intersection, or the intersection itself.
Less than two weeks prior to the scheduled trial date, claimant switched attorneys and submitted a motion for partial summary judgment and leave to amend the bill of particulars and change the designation of the claimant’s expert. This motion was returned for being in violation of the court-imposed deadlines. Claimant then brought about an Article 78 appeal for consideration of the motion. The Court of Claims denied the motion in toto which resulted in the claimant moving for recusal of the Court of Claims judge. The Court denied the motion. A trial commenced with the outcome of the claim being dismissed.
Claimant then appealed, asserting that the record established the traffic control device was the proximate cause of the accident and that the Court of Claims erred in denying the branches of the motion for leave to amend the bill of particulars and to substitute its designated expert. Evidence supported the Court’s determination that the claimant failed to establish the State was negligent in maintaining the traffic signal. The proposed new expert was going to testify on how the decedent’s head trauma was due to the guardrail placement and not place much emphasis on the traffic signal.
The Court of Claims had the task of determining whether the relief sought was contrary to prior representations made by claimant’s prior counsel and to balance the rights of the litigants against the demands of its calendar. Changing attorneys right before a trial begins is not considered a sufficiently exceptional circumstance that would limit the discretion of the Court.
Accordingly, the Court affirmed the judgment.
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Tags: car accident, personal injury