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Alleged negligent repair of roadway - Elevated patch next on roadway and shoulder - Bicyclist strikes elevation falls from bike - Liability only.

Westchester County

The 32-year-old plaintiff bicyclist, who is an out of state attorney, contended that the defendant county, which owned the roadway, negligently extended a roadway patch onto the shoulder, creating a four inch elevation on a portion of the shoulder. The plaintiff contended that as a result, the bike struck the elevation, propelling him to the ground.

The defendant contended that this road was not designed for bicycle use and that there was no duty to maintain it for other than automobile use. The plaintiff countered that under the applicable statute, the shoulder was a "usable" area for bikes and that the defendant had such a duty. The defendant countered that the shoulder was too narrow to constitute such a "usable" area and further contended that the purpose of the shoulder, situated on a relatively steep hill, was to provide for adequate drainage.

The jury found for the defendant.

Plaintiff’s expert safety engineer: Norman Wesler from p 7 3 Amityville. Defendant’s expert civil engineer: Paul Streb from Woodbury.

Josephs vs. County of Westchseter. Index ________/90; Judge Alvin R.

Ruskin, 11-24-93.

Attorney for plaintiff: Marie Ng of Sullivan & Liapkis in Manhattan; Attorney for defendant: John L.A. Lyddane of Martin, Clearwater & Bell in Manhattan.

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