Late last year, an appellate court in New York issued a written opinion in a bicycle accident case, affirming a lower court’s decision not to apply governmental immunity. In the case, Turturro v. City of New York, the court determined that the alleged negligence was regarding a “proprietary function,” rather than a governmental one, and therefore government immunity was not appropriate.
The plaintiff, a 12-year-old boy, was riding his bike on a four-lane New York street at 6:30 in the evening when he was struck by a vehicle traveling at an estimated speed of 54 miles per hour. The speed limit was 30 miles per hour. The driver was cited for reckless driving in a criminal case, and he pleaded guilty.
The plaintiff then filed a civil lawsuit against the driver as well as the City of New York. Evidence was presented that several citizens and lawmakers had written to the Department of Transportation, asking the city to do something about the dangerous road. Specifically, citizens were concerned that drivers were speeding and drag-racing. The city presented evidence that in response to the letters, it had commissioned a study on motorists’ speed and notified the police of the findings. However, the plaintiff pointed out that no traffic-calming measures – such as road bumps, rumble strips, or raised crosswalks – were implemented. After a jury trial, a verdict was issued in favor of the plaintiff. Specifically, the jury determined that the driver was 50% at fault, the city 40% at fault, and the plaintiff 10% at fault.