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Road Injury Prevention & Litigation Journal
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April 1, 1998
New York City Fails to Establish a Connection Between Construction Cones and Collision on Bridge

A motorist injured when a van struck his vehicle in a bridge construction zone sued the City of New York for damages. The City filed a third-party claim against the construction firm, contending that the absence of construction cones contributed to the collision. The Supreme Court, New York County granted the bridge construction firm's request for summary judgment. When the City appealed, the Supreme Court, Appellate Division, First Department concluded that cones had been located at the scene of the incident and that the presence or absence of such cones could not be determined to have caused the collision.

April 1, 1998
Georgia Court Confirms Exception to Hearsay Rule

A motorist died after he lost control of his vehicle when it encountered water and mud accumulated on the highway near a construction site. In the resulting lawsuit, the State Court, Fulton County, Georgia, found for the motorist's wife and estate. The Court of Appeals of Georgia affirmed that the construction company was liable for the condition of the highway at the time of the incident and that the trial court had acted properly regarding exception to hearsay testimony and an inconsistent pretrial statement by the attending police officer.

April 1, 1998
New York County Found Liable for Not Maintaining Vegetation at Intersection

A motorist injured in an automobile collision at an intersection sued the County and Village for negligence in maintaining the intersection. The Supreme Court of Westchester County granted the County's and the Village's motions for summary judgment. The Supreme Court, Appellate Division, Third Department ruled that the Village had no liability for the intersection. However, the court found that an unclear issue about the County's responsibility did not release the County from liability for failure to clear vegetation to maintain sight distance at the intersection.

April 1, 1998
Recommendations for Shoulder-Drop Delineations at Bridges

Slower drivers and drivers with emergencies sometimes travel on or near the road shoulder. This may cause a problem when there is inadequate notice about shoulder gaps--such as a "shoulder drop," a discontinuation of the paved shoulder across a bridge span. Recent field tests studied driver behavior when a bridge shoulder drop was marked with an edgeline taper/transverse marking delineation pattern. Drivers encountering this pattern left the shoulder farther from the upcoming bridge than when they only saw object markers or post-mounted delineators at the bridge. The research resulted in a report, "Delineation at Bridges with Paved Shoulder Drops," by Gerald L. Ullman and Val J. Pezoldt. The report appeared as Transportation Research Board Paper No. 980721, prepared for the January 1998 meeting of the Transportation Research Board in Washington, D.C.

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TranSafety's journal on liability and risk management for road maintenance, engineering, and law professionals. Articles summarize litigated road design, traffic control, and construction zone cases. tort, liability, law, legal, courts,
negligence, appeals, highway, traffic, expert.
Edge drop, accident, collision, crash, edgedropoff, road construction, signs, signals, traffic control devices.
Accident Investigation, Expert Witness, Injury Litigation, Liability, Court, Roy Anderson, Transportation, National, Travel, law, legal, federal highways, road construction.