Opinion
Claim No. 134901
03-12-2024
James De Mattei, Claimant, v. State of New York, [1] Defendant.
For Claimant: McADAM & FALLON PC By: Timothy S. McAdam, Esq. For Defendant: LETITIA JAMES, ATTORNEY GENERAL By: Elizabeth A. Gavin, Esq. Assistant Attorney General
Unpublished Opinion
For Claimant: McADAM & FALLON PC By: Timothy S. McAdam, Esq.
For Defendant: LETITIA JAMES, ATTORNEY GENERAL By: Elizabeth A. Gavin, Esq. Assistant Attorney General
Linda K. Mejias-Glover, J.
A trial on the sole issue of liability was conducted before this Court on March 11, 2024, via Microsoft Teams, upon the consent of all parties and counsel. Claimant called two witnesses to testify, and the Defendant called one witness to testify.
The Claim alleges that on or about January 17, 2020, at approximately 9:00 am, at 459 Rock Cut Road, Walden, New York 12586, Defendant's employee, while operating a box truck, lost control of the vehicle causing the vehicle to swerve and leave the roadway striking Claimant's barn (hereinafter, the "Claim"). Defendant, the State of New York, denies all allegations of negligence and asserts that the Claimant's own actions caused the damages, and that Defendant is immune from liability.
The parties stipulated to the following facts: The accident occurred on January 17, 2020, at approximately 9:00am. The location of the accident was 459 Rock Cut Road, Walden, NY 12586. The truck involved was owned by the Defendant. The driver involved was employed by the Defendant. The accident occurred while the driver was driving in the course of his employment. 459 Rock Cut Road and the buildings thereon were owned by the Claimant at the time of the accident.
Defendant's Exhibits A through O were moved into evidence on consent of all parties at the time of trial.
Relevant Testimony
Claimant, James De Mattei
Mr. De Mattei testified that his house is about 1500 feet from Rock Cut Road and his barn is approximately 20 feet from the road. He testified that on the day of the incident, January 17, 2020, he was in his house and heard a loud noise coming from outside between approximately 9:00 and 9:30 am. He testified that he thought that there was an accident, so he went outside and proceeded to his barn, where he observed that his barn was destroyed and there was a state truck by the tree. He further testified that the truck came to rest against a tree approximately 100 feet from the barn. Mr. De Mattei stated that he did not speak with the driver of the truck at that time. He testified that there was a mailbox on the east side of the road, which is the opposite side of the barn, which on the date of the accident, he observed to be "flattened out". The mailbox was approximately 170 feet from the barn.
Paul Siegel
Paul Siegel testified that on January 17, 2020, he was driving on Rock Cut Road heading towards Plattekill away from Newburgh. He testified that on the morning of the accident, the temperature was cold, and the skies were clear, however, he did not recall whether it was windy or if his car had been affected by any gusts of wind. He testified that while driving on Rock Cut Road, he was travelling behind a box truck, and that both vehicles were travelling at a speed of 50 miles per hour. While travelling behind the box truck, he observed that the vehicle veering right over the line approximately two or three times, then driving into a ditch and then sideways across the road hitting a mailbox. After, the box truck then hit the mailbox and turning the truck a complete 90 degrees into the shed. He further observed that the truck came to rest about 200 feet in the yard and hit a shed/barn and then a tree. After the impact, he immediately pulled over and ran over to the truck that crashed. He observed that the driver still had his foot on the gas, and the truck was against the tree "jumping". He then reached into the truck, shut the truck off and helped the driver out of the vehicle. He then put the driver into his own car. He did not say much to the driver, who was "out of it." Mr. Siegel "couldn't really understand much of what [the driver] had to say."
On cross-examination, Mr. Siegel testified that at the time of the accident, the box truck was approximately two car lengths in front of his vehicle, and traffic was moderate. He testified that he does not require glasses while driving, that he was not under the influence of any intoxicants at the time of the incident, nor was his vision impaired in any way. He reiterated that both the truck driver and he were traveling at a speed of 50 miles per hour.
Claimant reserved his right to call the responding officer, and Defendant consented to taking its witness out of order.
Defendant proceeded to call its first and only witness.
Bevon Trail
Bevon Trail testified that at the time of the incident, he was employed by the Department of Corrections and Community Service ("DOCCS") as a maintenance assistant. He testified that on January 17, 2020, he was working and his job duties on that day was to drive a State-owned box truck from Taconic Correctional Facility (hereinafter, "Taconic") to Wallkill Correctional Facility (hereinafter, "Wallkill"). He testified that at the time at the accident, he had been driving a box truck for a couple of years, that he drove the box truck every two weeks, and that he was comfortable driving that vehicle. He testified that he was not provided special training on operating that truck.
He testified that his recollection of the accident on January 17, 2020, is as follows: he went to Wallkill to deliver supplies and on the way back to Taconic he drove up the hill on Rock Cut Road and the wind pushed him across the road into the woods. Mr. Trail testified that on the day of the accident, there was less traffic than usual. He testified that he was traveling approximately 40 miles per hour at the time of the accident, which was under the legal speed limit. Mr. Trail testified that prior to driving off the road, he was having difficulty driving due to the gusting winds. He testified that the wind was pushing the truck on the right side and was so strong it shoved him off the road. He went on to testify that he was trying to slow the truck down when it was being pushed off the road. Mr. Trail testified that when the wind was pushing his truck on the right, he was trying to correct it back into the road, but then the wind pushed it into the banking then it went into the woods, hit some trees and a shed. He testified that when the truck went over the bank and into the woods, he was trying to stop the vehicle.
Mr. Trail testified that at the time of the accident, there was "less traffic, that he was not under the effects of any drugs, alcohol or medications that would impair his ability to function while driving. He testified that on the date of accident, he had no restrictions on his driver's license, nor was he required to wear eyeglasses in order to drive a vehicle. He further testified that he did not a clear and unimpeded view of the road prior to when he went off the road. Mr. Trail testified that he took evasive actions to avoid driving off the road and believed that it was the wind that caused the truck to go off the road.
On cross-examination, Mr. Trail testified that on the day of the incident, while driving on Route 84, and crossing over the Newburgh-Beacon Bridge, he noticed that the wind was strong and pushing the truck, but he was able to control the truck. Despite the strong winds, which Mr. Trail testified he observed on three different occasions, he continued driving to Wallkill. He testified that he did not have trouble controlling the truck other than the three above referenced times. He testified that the accident occurred on the way to Wallkill, so the truck was filled up, loaded with shredded paper, cardboard, plastic bottles, cans (hereinafter, "recyclables").
Mr. Trail testified that he did not hit a mailbox on Rock Cut Road, nor did he hit anything alongside the road within the vicinity of the accident. He testified that while traveling northbound on Rock Cut Road, the wind pushed him right and then he tried to correct the steering by moving to the left, but the wind pushed him to the right and off the road to the left side.
He testified that he did not speak to the police officer at the scene of the accident, however, he spoke to the officer at the hospital. He denied that he told the officer that the truck accelerated. Mr. Trail testified that at the scene, he told the "gentleman who helped him out of the truck" that the wind pushed him off the road.
On re-direct examination, Mr. Trail testified that the wind was pushing him to the right, and he went off the road to the left. He testified that when he went off the road he was trying to correct the truck. He testified that the truck was "loaded", and that he was transporting recyclables-empty cardboard boxes, empty cans and shredded papers-at the time of the accident. He was not transporting any heavy or full containers. He testified that he had experience driving the truck while loaded.
Mr. Trail testified that at the scene of the accident, the only conversation he had with the "man who helped him out of the truck" was the man who simply asked him if he was okay. He testified that while at the hospital, he told the officer that the wind took his car to the right and then pushed him to the left.
On re-cross, Mr. Trail testified that the wind pushed him to the right, he tried to correct the truck and then the wind pushed him back to the left. When he was trying to correct the vehicle, he was trying to get the vehicle back on the paved portion of the roadway. He testified that he could not control the truck because of the wind, but he vehemently stated that he did not "overcorrect."
On re-re direct, Mr. Trail testified that the wind was not pushing him one direction the entire time. He testified that the wind pushed him to the right, he tried to correct it back to the road, and the wind pushed him across the street into the bushes because he could not control the vehicle due to the wind. He testified without hesitation that the wind changed direction.
At the conclusion of Mr. Trail's testimony, Defendant indicated that it would call no further witnesses. Claimant had no further witnesses and rested. Prior to resting, Defendant made an oral motion to dismiss the Claim based upon Claimant's failure to make out a prima facie case for negligence. After oral argument, the Court reserved decision.
Defendant rested, the parties waived closing statements, and decision was reserved.
Law and Analysis
Claimant has the burden of proving the State liable for negligence by a fair preponderance of the credible evidence. Negligence is the failure to exercise ordinary care "under the circumstances of a particular case" in light of the reasonably foreseeable risks (McLean v. Triboro Coach Corp., 302 NY 49, 51 [1950]; see generally 79 NY Jur 2d Negligence § 1; see also Raciti v. City of Yonkers, 307 A.D.2d 309, 309 [2d Dept 2003]). The issues of ordinary care and reasonably foreseeable risk are factual in nature. The trial court, in its capacity as the trier of fact, must evaluate the credibility of witnesses upon direct and cross-examination and the weight to be given to the evidence, to resolve whether negligence has been proven (see Velez v. Cullinan, 251 A.D.2d 496, 496 [2d Dept 1998]).
Decision
Based upon the credible testimony and evidence presented at trial, the Court finds that the Defendant's employee, while engaged in his employment, did not exercise due care in operating the box truck given the circumstances.
At trial, the Court heard no credible testimony that Defendant's employee exercised due care while operating the box truck, while driving in allegedly windy conditions. Though Mr. Trail testified that he experienced on three separate occasions that the wind was strong, he did not provide any credible testimony that he pulled over to the side of the road or that he travelled at a reduced speed. While it is certainly true that no state employee has control over the weather, the basis of the claim is not failing to control the weather but failing to control the truck. Here, it is irrefutable that Mr. Trail negligently failed to control the box truck he was operating and failed to take appropriate measures to avoid losing such control given the conditions. His testimony that the wind changed direction is not credible. Further, Defendant never established what the speed limit on Rock Cut Road nor was there credible testimony regarding the severity of the wind and how that could have impacted the box truck or Mr. Trail's ability to control the box truck.
Mr. Siegel credibly testified that on the day of the accident, he observed a box truck, which was operated by Mr. Trail, driving in front of him, swerving/veering over the line, approximately two or three times to the right, and then struck a mailbox on the side of the road, turning the truck 90 degrees. The Court also finds that Mr. Siegel's testimony regarding his observation that Mr. Trail still had his foot on the gas after traveling 20 yards off the road when the truck collided with Claimant's property to be very telling that he did not exercise due care. Mr. Trail failed to exercise due care when he, rather than apply the breaks, continued to press on the gas pedal.
Upon due consideration of all the credible testimony and evidence, the Court finds that there was no justification for Defendant's negligent failure to control the box truck, which resulted in the collision with and destruction of Claimant's barn. Further, the record is devoid of any evidence or testimony of culpable conduct on Claimant's part that contributed to the events. Accordingly, the Court finds the Defendant solely and completely liable for the damages to Claimant's property. Defendant must now answer in damages.
Defendant's motion to dismiss is denied.
The Clerk of the Court is directed to enter interlocutory judgment in accordance herewith and a damages trial will be scheduled by the Court as soon as practicable.