22 The Queens Courier • June 23, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law THE PLUNGE Advertorial 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 Unfortunately, it had not yet been replaced by a new system.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. 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 Compassionate Care for Four Generations Every funeral detail is handled according to each family’s personal and religious preferences. Specialists in FDIC Insured Pre-Plans Many Jewish families are turning to Sinai Chapels experienced counselors to establish a Pre-Plan. With a Sinai Pre-Plan, families are relieved of dealing with making arrangements at a difficult time. Sinai’s Pre-Plan counselors will meet with you at the Chapel, or in the comfort of your home. Sinai Chapels | 162-05 Horace Harding Expressway | Fresh Meadows, NY 11365 718.445.0300 | 800.446.0406 www.JewishFunerals.com We are here 24 hours to serve your family.
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