Rebecca K. Devlin Obtained Summary Judgment in a Personal Injury Case

Rebecca K. Devlin obtained summary judgment and dismissal of plaintiffs’ claims against a municipality in a personal injury case pending in the Supreme Court, Suffolk County. In that case, the infant plaintiff, a 16 year old, claimed to have sustained injuries as a result of being struck by a motor vehicle as he walked across a municipal owned street within the crosswalk on his way to school. Plaintiff’s complaint alleged that the municipal defendant was negligent in failing to install pedestrian crossing signs, as opposed to stop signs, and in failing to provide a crossing guard at the intersection. Plaintiff claimed that the Town had actual and constructive notice of a defective roadway condition based upon the well documented history of accidents in the area and the municipality’s knowledge that the intersection served as a passageway for public school students en route to school. Defendant successfully established that there was no evidentiary basis for the allegations to support the contention that the municipality’s failure to place particular signage at the subject intersection or to provide a crossing guard constituted affirmative negligence or contributed to the infant plaintiff’s injuries. Defendant further established that there was a rational basis for the placement of stop signs at the subject intersection and, therefore, the municipality cannot be found liable pursuant to the qualified immunity doctrine. Accordingly, the Court granted the Motion and dismissed the Complaint.


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