NEW YORK (CN) – A falling tree limb injured a pair of motorists, and the county cannot claim it wasn’t notified that the hazard existed, the New York Appellate Division ruled.
Christopher Bright brought a lawsuit against Nassau County and the Village of Great Neck Estates housing subdivision. He said the county should have removed the dead tree limb that fell onto his car.
The appellate judges affirmed the trial court’s denial of the county’s motion to dismiss the case. The county claimed that the plaintiffs did not give prior written notice of the hazard. The judges said that rule only applies to roads and bridges.
The judges also rejected the county’s assertion that plaintiff Lakeysha Agugbo did not need to show that she sustained a serious injury.
“She did not allege any negligence on the part of the County in the use or operation of a motor vehicle,” the judges wrote. “Instead, the allegations related to premises liability.”