$1,500,000 Settlement against the State of New York for Wrongful Death of Man Killed in Motor Vehicle Accident

This wrongful death action against the State of New York arose out of a motor vehicle accident which occurred on December 26, 2004, on the eastbound Grand Central Parkway. Plaintiffs' decedent was driving on the aforesaid roadway when he lost control of his vehicle due to black ice covering the roadway, causing him to spin out and strike a tow truck on the side of the highway which was responding to an accident in the same location two hours earlier. The Plaintiffs alleged that the City of New York was on notice for several years of a condition regarding this portion of the Grand Central Parkway wherein groundwater would rise up and cover the roadway and freeze in the winter months.

The Plaintiffs also alleged that the City of New York was responsible for maintenance of the subject roadway and that they were negligent in the maintenance of the roadway, including but not limited to the City of New York's failure to erect signage warning motorists of this known hazardous area and in their failure to salt and/or sand the subject area. The Plaintiffs' decedent was severely injured in the accident and died later that day from his injuries. At the time of the accident, he lived with his parents and was financially supporting them. A claim was being made on the parents' behalf for the loss of support from their son, who paid for a majority of their living expenses.

Result: The case settled before trial for $1,500,000. [The Plaintiff's family also recovered $2,000,000 from the City of New York for a separate action arising out of the same accident].

The case was handled by Daniel P. O'Toole and Frederick C. Aranki.