Brooks v. New York State Thruway Authority
| Decision Date | 11 November 1980 |
| Docket Number | Nos. 59820,s. 59820 |
| Parties | , 415 N.E.2d 963 Roger N. BROOKS, Individually and as Executor of Ella M. Pease, Deceased, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent. Robert F. GRIFFITH, Jr., as Executor of Donald J. Pease, Deceased, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent. (Claim& 59821.) Court of Appeals of New York |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, 73 A.D.2d 767, 423 N.Y.S.2d 543, with costs.
The experts for both sides testified that the hole in the highway was neither of the size nor the depth to deflect the tire of the claimants' vehicle. Nor was there evidence that striking the hole would produce any bump or condition which would cause the driver to lose control of the vehicle. The evidence was insufficient to establish a casual relationship between the State's alleged negligence in failing to repair the pothole and the accident in this case. Although there was some testimony that the accident could have been caused by an attempt to avoid the pothole a conclusion that this had in fact occurred would be speculative on this record.
With this uncertainty as to causation, it must be concluded that the claims have failed in their proof.
Order affirmed, with costs, in a memorandum.
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