PONTELLO v. ONONDAGA


94 A.D.2d 427 (1983)

Patricia A. Pontello, Individually and as Administratrix of The Estate of George S. Pontello, Deceased, Appellant, v. County of Onondaga, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1983


Attorney(s) appearing for the Case

Foss, Schuman & Drake (Anthony F. Endieveri and Richard Kuhlman of counsel), for appellant.

Robert J. Rossi, County Attorney (Christopher Mack of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, DENMAN and MOULE, JJ., concur.


SCHNEPP, J.

We are called on to consider the potential liability of the defendant county for damages arising from an unwitnessed single-car accident in which the motor vehicle left the paved portion of the highway due ostensibly to driver error, traveled along the road's shoulder and an abutting ditch and crashed into a culvert. Special Term found that the issue of proximate cause "is one of, at best, speculation and surmise without any factual basis...

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