2024 NY Slip Op 05131
Vehicle and Traffic Law § 1103(b) provides an exemption from ordinary negligence liability for those “actually engaged in work on a highway”; this exemption does not apply to mere travel between work sites.
Summary
In Orellana v. Town of Carmel, the New York Court of Appeals considered whether a town highway superintendent, who was driving back to his office after inspecting road conditions, was “actually engaged in work on a highway” under Vehicle and Traffic Law § 1103(b). The Court held that the superintendent was not engaged in protected work at the time of the accident, as he was merely traveling to his office, and reversed the lower court’s grant of summary judgment for the defendants. This decision clarifies the scope of the exemption from liability granted to those performing highway work, emphasizing that the exemption is not applicable when the work is not actively being performed.
Facts
On a snowy day in December 2018, the Superintendent of Highways for the Town of Carmel, Michael J. Simone, drove to a location to inspect road conditions. After observing a quarter inch of snow accumulation, Simone directed his team to salt the roads. He then began driving back to his office. While driving through an intersection, Simone stopped at a stop sign, observed some additional snow accumulation, but did not take any action and proceeded into the intersection, colliding with Ana Orellana’s vehicle. Orellana sued the Town of Carmel and Simone for negligence. The defendants moved for summary judgment, claiming immunity under Vehicle and Traffic Law § 1103(b). The trial court granted the motion, and the Appellate Division affirmed. The New York Court of Appeals granted the plaintiff leave to appeal.
Procedural History
The plaintiff, Ana Orellana, filed a negligence lawsuit against the Town of Carmel and Michael J. Simone (Superintendent of Highways). The trial court granted summary judgment for the defendants based on the Vehicle and Traffic Law § 1103(b). The Appellate Division affirmed. The New York Court of Appeals granted the plaintiff leave to appeal, and ultimately reversed the lower court’s decision.
Issue(s)
1. Whether the Superintendent of Highways was “actually engaged in work on a highway” at the time of the collision, as defined by Vehicle and Traffic Law § 1103(b)?
Holding
1. No, because Simone was not actively engaged in work on a highway at the time of the collision, the protections of Vehicle and Traffic Law § 1103(b) did not apply.
Court’s Reasoning
The Court reiterated that Vehicle and Traffic Law § 1103(b) exempts those “actually engaged in work on a highway” from ordinary negligence liability, but they remain liable for recklessness. The court referenced Riley v. County of Broome, which clarified that the exemption turns on the nature of the work (construction, repair, etc.) being performed, not the vehicle performing the work. The Court emphasized that the exemption applies only when such work is in fact being performed at the time of the accident. In this case, the Court found that Simone was not actively engaged in work on the highway; he had already assessed conditions and dispatched his team. He was merely traveling to his office, and the observation of additional snow just before the accident did not constitute active work. “Because the uncontested evidence demonstrates that Simone was not actually engaged in work on a highway at the time the accident occurred, defendants are not entitled to the protections of section 1103 (b).”
Practical Implications
This case clarifies the scope of the “work on a highway” exemption under Vehicle and Traffic Law § 1103(b). It underscores that merely traveling to or from a work site, even for the purpose of inspecting conditions, does not qualify as “actually engaged in work on a highway.” This ruling reinforces the concept that the exemption applies to those actively performing tasks related to highway maintenance or repair at the time of the accident. Attorneys should carefully examine the specific activities being performed at the time of an accident involving municipal vehicles. The Court’s emphasis on the active performance of protected work could lead to more frequent determinations that the exemption does not apply, expanding the potential liability of municipalities and their employees.