North Shore Towers Courier n November 2015 53 TOWERS Restaurant at North Shore Towers 27248 Grand Central Pkwy, Floral Park, NY 11005 718-819-8228 NST Car Butler Professional Car Care Services 718-224-2525 Under New Mgmt-Better Service, Better Value Full Service Auto Detailing Fully Insured Pick Up & Delivery Minor Mechanical & Body Repairs 270-10 Grand Central Parkway, Floral Park North Shore Towers; Building 3, Garage Level 3 Legally Speaking By: Scott Baron, Attorney at Law THE PLUNGE Q: In the midst of a resurfacing and safety-improving project, my driver fell asleep at the wheel. Pursuant to the project specifications, the existing guiderail had already been removed. Unfortunately, it had not yet been replaced by a new system. Our car veered off the thruway, careened down an embankment and crashed at the bottom, in a V-shaped ditch. A: The theory of your case is negligent failure to complete the new guiderailing – called for by the general contract and the guiderail-installation subcontract. You will want expert opinion evidence that, had the guiderailing been completed in accordance with the contracts, your car would not have plunged down the embankment and crashed at the bottom. This negligence takes different forms, one for each defendant. The thruway authority breached its common-law tort duty to oversee the installation of new guiderailing. The general contractor failed to discharge its obligations to assure that the construction complied with the project specifications and that the work was completed in a timely fashion. The subcontractor’s incomplete performance increased the risk: its failure to install the additional length of guiderail made the highway less safe. For his part, the project engineer engaged in negligent inspection and approval. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878
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