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CAUSE OF ACTION BASED UPON THE ALLEGATION THE HIGHWAY SHOULDER WAS TOO NARROW, RESULTING IN CLAIMANT’S STRIKING A DISABLED VEHICLE, PROPERLY NO-CAUSED, STATE ENTITLED TO QUALIFIED IMMUNITY.

The Third Department determined claimant’s negligent highway design action was properly no-caused after a non-jury trial. Claimant struck a disabled vehicle that was on the shoulder of the road. Claimant alleged the four-foot wide shoulder was too narrow. The state was entitled to qualified immunity for the highway design:

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Defendant has a “duty to keep its roadways in a reasonably safe condition,” but “is afforded ‘a qualified immunity from liability arising out of a highway planning decision'” … . Qualified immunity does not attach where defendant’s “study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan,” however, and it falls on defendant to show that its actions resulted from a sufficiently deliberative process … .

Claimant cites various alleged deficiencies in the design of Route 7 relating to his assertion that the four-foot wide shoulder where the disabled vehicle was parked was too narrow. Route 7 is a four-lane freeway originally designed for traffic speeds of 70 miles per hour but, due to it being on a prolonged incline, a third “climbing lane” was added in the westbound direction to allow slow vehicles to make their way uphill without posing difficulties for other drivers. The credible proof at trial indicated that the shoulder width reflected the slower vehicles traveling in a climbing lane that was wide enough, in any case, to allow vehicles to pass a disabled vehicle on the shoulder. The record further reveals that the shoulder design was appropriate under the guidelines in place when the road was designed and built … . Inasmuch as the shoulder “that was installed met the relevant design standards in effect at the time of its construction,” the Court of Claims properly concluded that defendant cannot be held liable for that design … . Lake v State of New York, 2017 NY Slip Op 05142, 3rd Dept 6-22-17

 

NEGLIGENCE (HIGHWAY DESIGN, IMMUNITY, CAUSE OF ACTION BASED UPON THE ALLEGATION THE HIGHWAY SHOULDER WAS TOO NARROW, RESULTING IN CLAIMANT’S STRIKING A DISABLED VEHICLE, PROPERLY NO CAUSED BASED UPON QUALIFIED IMMUNITY)/IMMUNITY (HIGHWAY DESIGN, CAUSE OF ACTION BASED UPON THE ALLEGATION THE HIGHWAY SHOULDER WAS TOO NARROW, RESULTING IN CLAIMANT’S STRIKING A DISABLED VEHICLE, PROPERLY NO CAUSED BASED UPON QUALIFIED IMMUNITY)/TRAFFIC ACCIDENTS (HIGHWAY DESIGN, IMMUNITY, CAUSE OF ACTION BASED UPON THE ALLEGATION THE HIGHWAY SHOULDER WAS TOO NARROW, RESULTING IN CLAIMANT’S STRIKING A DISABLED VEHICLE, PROPERLY NO CAUSED BASED UPON QUALIFIED IMMUNITY)/HIGHWAY DESIGN (IMMUNITY, CAUSE OF ACTION BASED UPON THE ALLEGATION THE HIGHWAY SHOULDER WAS TOO NARROW, RESULTING IN CLAIMANT’S STRIKING A DISABLED VEHICLE, PROPERLY NO CAUSED BASED UPON QUALIFIED IMMUNITY)

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