Dangerous Road Leads to Payout For Intoxicated Motorist
On August 18, 2012, Steven Pasternak lost control of his motorbike while riding in the Town of Columbus on a Chenango County road. He was flung off and suffered severe serious injuries and was left with irreversible severe hearing loss in one ear, damaged ankle ligaments that needed to be repaired with screws placed (and taken out in a follow-up procedure), with lingering discomfort and restricted range of motion, cerebral contusion needing a brief medically induced coma due to minor brain hemorrhages resulting in post-concussive syndrome, and fracture of the non-displaced scapula.
The Lawsuit
At the time, Mr. Pasternak, who was then 27 years old, filed a lawsuit against the county, claiming that the road's extreme decay, filled with potholes, divots, and dips was the reason for his accident and consequently the injuries that he had suffered. During trial, the county maintained its stance that the plaintiff was at blame for the collision since he had been found guilty of driving while intoxicated and exceeding the speed limit, and that the roadway was safe to drive in any case.
The Conclusion
The jury concluded that the road was unsafe and the county knew about it for a long time. This bad condition played a significant role in the accident involving Mr. Pasternak. They also decided that although Mr. Pasternak was negligent by being intoxicated, it did not significantly contribute to the accident, so it was entirely the county’s fault.
Based on the above, the jury awarded to Mr. Pasternak $1,050,000 towards damages in pain and suffering ($250,00 for the past nine years, and $800,000 for the future 40 years). Additionally, they also granted damages towards lost wages amounting to $40,000 (past only) and medical costs amounting to $83,238 (past only). All of this was to be paid by the county as a result of their negligence to maintain the roads. The defendant requested the judge to lower the pain and suffering damages or, in the alternative, have the judgment set aside by filing a fresh application after the trial. The requests were refused by the trial judge and county was required to compensate Mr. Pasternak.
The Defendant appealed this verdict and in Pasternak v. County of Chenango (3rd Dept. 2024), the judgment was once again confirmed and upheld. The Appeal Court relied on the testimony of numerous eyewitnesses who confirmed that Mr. Pasternak was not riding irresponsibly and showed no signs of intoxication. Furthermore, importance was also placed on the testimony of the county’s employees, who verified that the road was not fit for driving and was in a state of disrepair.
Considering this judgement, it is critical that New York counties carry out their obligations to keep up a respectable and safe road system. Ensuring the safety and well-being of citizens is of utmost importance, and poor road maintenance not only puts lives in danger but also erodes public confidence in the county. Counties are responsible for ensuring that all residents may drive smoothly and safely by prioritizing routine inspections, prompt repairs, and general road maintenance. By fulfilling these obligations, counties can maintain their commitment to safeguard and benefit the public, promoting a more dependable and safe transportation system.
Sternberg Injury Law Firm
If you or someone close to you was injured on a road in a state of disrepair, the Sternberg Injury Law Firm may be able to help. Our attorneys are very familiar with personal injury law and can review your case to determine the compensation you rightly deserve. The Sternberg Injury Law Firm prides itself on being totally transparent. When reviewing a case with a potential client we will let you know upfront how and if we can add value to your case. Our firm accepts cases all over New York, including Hammels, Maspeth, and Westbury. We can be reached by way of email, phone call, or website submission. We offer all injury victims a free consultation and we look forward to hearing from you.