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Even Drunk Driving Cannot Break the Causation Chain of a Highway Defect

August 2, 2024

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On April 18, 2024, Pasternak v. County of Chenango, the Third Department affirmed a decision that the county was negligent in failing to maintain their roads. Plaintiff, Steven Pasternak, was riding his motorcycle on the road when he suddenly lost control of the motorcycle because of an alleged defect on the road. Specifically, Pasternak alleged that the County negligently maintained the road. The County argued they should not be liable because the driver was convicted of driving while intoxicated.

 

At trial, the jury awarded Pasternak $1,050,000 in damages.  When presented to a jury, the jury found that Pasternak was negligent, but his intoxication was “not a substantial factor in causing the accident.”  The County admitted to knowing that the roadway was defective and failed to maintain it.

 

The assumption may be that if a person is found to be drunk driving they are automatically liable for all injuries they sustain, but this is clearly not the case. After multiple eye witnesses testified that the plaintiff did not necessarily exhibit signs of intoxication and was not operating his motorcycle in an unsafe manner, the defects in the road were enough to shift liability over to the county.


Thanks to Stephanie Bodizs for her contribution to this article.



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