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COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL.

The Second Department determined governmental function immunity protected the county from suit in this motorcycle accident case. Plaintiff was riding in a charity event and alleged the traffic control by the county caused his injury:

The complaint alleged, among other things, that the County defendants were negligent in failing to properly control traffic along the route of the motorcycle run, and specifically, at the location of the accident. …

[T]he County defendants established their prima facie entitlement to judgment as a matter of law pursuant to the governmental function immunity defense with evidence that the conduct complained of involved the exercise of the police officers’ professional judgment, and was therefore discretionary … . Farrago v County of Suffolk, 2nd Dept 6-21-172017 NY Slip Op 05067

MUNICIPAL LAW (NEGLIGENCE, IMMUNITY, COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL)/IMMUNITY (MUNICIPAL LAW, COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL)/NEGLIGENCE (MUNICIPAL LAW, IMMUNITY, COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL)/TRAFFIC CONTROL (MUNICIPAL LAW, IMMUNITY, TRAFFIC ACCIDENTS, COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL)/TRAFFIC ACCIDENTS (MUNICIPAL LAW, IMMUNITY, COUNTY PROTECTED BY GOVERNMENTAL FUNCTION IMMUNITY, COMPLAINT ALLEGED MOTORCYCLE ACCIDENT CAUSED BY NEGLIGENT TRAFFIC CONTROL)

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