Friedman v. State Of New York,
67 N.Y. 2d 271, 493 N.E. 2d 893, 502 N.Y.S. 2d 669 (1986)
Nature of the Case
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Facts
Friedman's (P) car was sideswiped on a viaduct causing her to swerve into the oncoming traffic where she was hit head-on. The Department of Transportation (DOT) studied whether a median barrier should be constructed five years earlier and decided that one should be constructed, but at the time of the accident, no action had been taken. Cataldo v. New York State Thruway Authority & Muller v. State of New York involve accidents on Tappan Zee bridge, both are claims of negligence for no median. Studies determined that the risks of rear-end collisions from 'bounce-back' occurrences and stranded autos if a barrier were constructed exceeded the dangers of crossover collisions without a barrier. Cataldo occurred shortly after these studies, and claimed that the studies reached the wrong conclusion (this notion rejected by Appellate Division). Muller’s accident happened three years after the department changed its mind and decided to construct a barrier. Appellate Court held delay was not unreasonable.
Three personal injury actions were consolidated on appeal. Trial court found for Friedman, Appellate Division affirmed. State appeals.
For Cataldo and Muller, intermediate appellate courts reached a factual conclusion, contrary to trial courts, that the duty was not breached.
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