2 No. 146
Joan M. Bliss, &c., et al.,
Appellants,
v.
State of New York et al.,
Respondents.
_________________________________________________________________
2000 NY Int. 127
November 21, 2000
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Alan B. Sparer, for appellants.
Michael S. Buskus, for respondents.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be modified, without costs,
by denying defendants' motion for summary judgment and remitting to
the Court of Claims for further proceedings in accordance with this
memorandum, and as so modified, affirmed.
Claimant George Bliss brought this personal injury action, arising out
of an October 20, 1995 accident caused by a New York State Thruway
Authority (NYSTA) truck driven by John Lawler. The Court of Claims
granted defendants' motion for summary judgment, holding that a
recklessness standard applied because the truck was "actually engaged
in work on a highway," and that claimant had failed to present
sufficient evidence of recklessness. The Appellate Division affirmed,
holding that a recklessness standard applied, and that "under the
circumstances of this case, that standard was not met."
At the outset, the trial court and the Appellate Division correctly
held that, under Vehicle and Traffic Law § 1103(b), Lawler's truck was
exempt from the rules of the road since it was "actually engaged in
work on a highway." Therefore, in order to recover, claimant must show
that Lawler acted recklessly (see, Riley v County of Broome, ___ NY2d
___ (decided today); see also, Saarinen v Kerr, , 84 NY2d 494,
501).
Claimant's evidence demonstrates that Lawler backed his truck, which
SNIPPETS:
State of New York et al., Respondents.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be modified, without costs, by denying defendants'
Claimant George Bliss brought this personal injury action, arising out of an October 20, 1995
The Court of Claims granted defendants' motion for summary judgment, holding that a
Therefore, in order to recover, claimant must show that Lawler acted recklessly (see, Riley v
Claimant's evidence demonstrates that Lawler backed his truck, which had only side view
Further, Lawler violated NYSTA safety directives by straying 100 to 250 feet from the cone
Lawler pleaded guilty to a traffic offense -- unsafe backing in violation of Vehicle and
While factual and credibility issues remain that prevent us from concluding as a matter of
We do not pass on the viability of defendants' affirmative defenses, since claimant's cross
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
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