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ARTICLE ID 22244
ON PROXIMATE CAUSE Pothole allegedly causes plaintiff motorcyclist to lose control - Case predates pothole law - Hemiparesis - Liability only.
Bronx County
The plaintiff motorcyclist in his mid-30s contended that he
struck a pothole and lost control. The plaintiffs expert
engineer contended that the ridges around the perimeter of the
pothole reflected that the pothole had been present for at least
a year. The case predated the pothole law and the plaintiff
argued that the defendant should have previously observed and
corrected the defect. The plaintiff had no recollection of the
unwitnessed accident.
The plaintiffs accident reconstruction expert contended that the
plaintiff was traveling at about 27 mph and that contact with the
pothole caused the accident. The defendant denied that the
pothole caused the incident. The defendants motorcycle expert
contended that the pothole was relatively small, that gouge marks
on the road commenced before the pothole and traveled to the
right, reflecting that the plaintiff had lost control some
distance before the pothole and had never made contact with the
pothole. The defendants expert also contended that the plaintiff
was speeding.
The accident occurred in ________ and the case was tried under
principles of contributory negligence. The jury found that the
defendant was negligent, but that there was an absence of
proximate cause.
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