Nowlin v. City of New York, 81 N.Y.2d 81 (1993)
A municipality can be held liable for injuries resulting from its negligent placement or maintenance of traffic control devices, even on a state-owned highway within the municipality’s jurisdiction, if the municipality undertook the duty to place such signs.
Summary
The case concerns a car accident on the Henry Hudson Parkway in New York City. The plaintiff, a passenger, was severely injured when the driver failed to negotiate a curve and crashed. The plaintiff sued both the driver and the City of New York, alleging that the City negligently placed warning signs. The city argued that sign placement was solely the state’s responsibility. The Court of Appeals held that the City could be liable because it had assumed responsibility for sign placement and did so negligently, creating a dangerous condition. The court affirmed the judgment against the City, finding that the City’s negligence was a proximate cause of the plaintiff’s injuries.
Facts
In August 1983, Andre Robertson, driving on the Henry Hudson Parkway in New York City, crashed his car into highway barriers while negotiating a curve, injuring his passenger, the plaintiff. The Parkway has a “reverse-S” curve that, at night, appears to be a continuous straightaway due to the placement of light posts. The City’s plan called for a “reverse” warning sign and a speed limit sign to be placed 300 feet before the curve. However, in 1978, City employees mistakenly placed these signs at the beginning of the curve. The City was aware that this curve was a hazardous location with a history of accidents.
Procedural History
The plaintiff sued Robertson and the City, alleging negligence. The trial court found both defendants liable, apportioning 67% of the liability to the City and 33% to Robertson. The Appellate Division reversed and remanded for a new trial on damages unless the plaintiff stipulated to a reduced award. The plaintiff stipulated, and an amended judgment was entered. The City appealed the decision arguing it lacked responsibility for signage.
Issue(s)
Whether the City of New York can be held liable for negligent placement of warning signs on the Henry Hudson Parkway, a state-owned arterial highway within the City’s jurisdiction, when the City undertook the duty to place such signs.
Holding
Yes, because the City undertook the duty to plan and place the signs, and its negligent placement created a dangerous condition that proximately caused the plaintiff’s injuries.
Court’s Reasoning
The Court of Appeals reasoned that while the Henry Hudson Parkway is a State arterial highway, which usually involves shared responsibility between the State and the locality, Article XII-B of the Highway Law does not relieve the City of its obligation to maintain the highway within its jurisdiction safely. The court cited Highway Law § 349-b, emphasizing the intent to preserve the powers and rights of cities in the modernization and construction of arterial highways. The court stated that the City planned where new signs should be placed and then placed those signs. Because the City undertook this duty, it had to perform it non-negligently. The court quoted Moch Co. v Rensselaer Water Co., 247 NY 160, 167, stating the “hand once set to a task may not always be withdrawn with impunity though liability would fail if it had never been applied at all”.
The court distinguished Thompson v City of New York, 78 NY2d 682, where the City was found not liable because the plaintiff failed to show the City made a safe situation dangerous. Here, the court explained, the road condition was hazardous from the outset, and the City undertook to make it safe but failed to do so. The court rejected the City’s argument that Robertson’s speeding was the sole cause of the accident, reaffirming that proximate cause is a jury question. It upheld the jury’s finding that the negligence of both the City and Robertson contributed to the accident.