Thursday, August 11, 2016

Traffic lights and municipal liability.

Practice point:  The installation of a traffic control signal, where it had not previously existed, is a discretionary governmental function that does not give rise to state liability. However, liability is imposed where there is a failure properly to maintain an already established traffic ligh, and where that failure was a proximate cause of the accident.

Student note:  The state has a non-delegable duty to maintain the roadway in safe condition.

Case:  Chang v. City of New York, NY Slip Op 05728 (1st Dep't August 4, 2016)

Here is the decision.

Tomorrow's issue:  A post-appeal motion for leave to renew.