New York Verdicts

Amount:

$13,000,000

Type:

Settlement

State:

New York

Venue:

Rochester

Court:

Court of Claims, Rochester

Injury Type(s):

Case Type:

Recreation – BicycleTransportation – RoadwaysGovernment – State and Local GovernmentDangerous Condition of Public Property –

Case Name:

Walter Rutland, Jr. and Joanne Rutland v. The State of New York,
No. 116442

Date:

June 5, 2013

Plaintiff(s):

Joanne Rutland (Female), 

Walter Rutland, Jr. (Male, 49 Years)

Plaintiff Attorney(s):

Victor L. Mazzotti;
Martin, Harding & Mazzotti, LLP;
Albany,
NY,
for
Joanne Rutland, Walter Rutland, Jr.

Plaintiff Expert(s):

Mindy Shah;
M.D.;
Geriatrics;
Rochester,
NY called by
Victor L. Mazzotti ■ Eugene Camerota;
P.E.;
Accident Reconstruction;
Syracuse,
NY called by
Victor L. Mazzotti ■ Jerome Thomas;
P.E.;
Highway/Street Design;
Albany,
NY called by
Victor L. Mazzotti ■ Joseph Carfi;
M.D.;
Physical Medicine;
New Hyde Park,
NY called by
Victor L. Mazzotti ■ Stephen Kates;
M.D.;
Orthopedic Surgery;
Rochester,
NY called by
Victor L. Mazzotti ■ William Blanchfield;
Ph.D.;
Economics;
Utica,
NY called by
Victor L. Mazzotti

Defendant(s):

State of New York

Defense Attorney(s):

Thomas G. Ramsay;
Assistant Attorney General;
Rochester,
NY,
for
State of New York

Defendent Expert(s):

James Green;
Bicycles;
Asheville,
NC called by
Thomas G. Ramsay ■ Robert Todd;
Neurology;
Liverpool,
NY called by
Thomas G. Ramsay ■ Michael Wolkoff;
Economics;
Rochester,
NY called by
Thomas G. Ramsay ■ William Logan;
Engineering;
Albany,
NY called by
Thomas G. Ramsay

At about 7:20 p.m. on July 30, 2008, claimant Walter Rutland Jr., 49, a computer engineer, was bicycling on the westbound shoulder lane of Roosevelt Highway, in Kendall. While he was approaching the intersection at Kendall Road, he decelerated and veered toward the right, to avoid a vehicle that was approaching from behind. He fell off of his bicycle, landed on the ground and sustained injuries of his neck. Rutland sued Roosevelt Highway’s maintainer, the state of New York. He alleged that the state was negligent in its maintenance and repair of the road. He further alleged that the state’s negligence created a dangerous condition that caused his accident. The accident occurred within two weeks of the completion of a repaving of Roosevelt Highway. Rutland claimed that his fall was a result of his bicycle’s front tire having encountered a drop-off that separated the newly resurfaced section and a fringe that had not been resurfaced. He estimated that the road’s main surface was 2.5 inches higher than the fringe. Witnesses described the defect as "deteriorated," "rutted," "spalled" and "a small pothole." The court heard testimony by a maintenance supervisor employed by the New York State Department of Transportation, which oversaw the resurfacing project. The witness acknowledged that the drop-off would have been repaired had he noticed it. Testimony also indicated that workers had inspected and repaired other defects of the road during the weeks that preceded the accident. Defense counsel noted that Rutland regularly bicycled on Roosevelt Highway and had been aware of the ongoing resurfacing project. He contended that the resurfacing project was properly performed and that the alleged defect was a minor condition that was not hazardous to bicyclists. He suggested that the accident was a result of the bicycle’s front tire having released because of a defective condition of the bicycle, which Rutland had modified.

The trial was bifurcated. Damages were not before the court. Rutland sustained damage of the C1, C2, C3, C4, C5, C6, and C7 levels of his spine. He was transported to Strong Memorial Hospital, in Rochester. After two days had passed, he underwent decompression and fusion of the damaged portion of his spine, but he had already sustained permanent damage that causes incomplete quadriplegia. Rutland retains limited ambulatory ability: He can traverse distances of about 25 feet. He claimed that his disability prevents his performance of most of his everyday tasks. He also claimed that he cannot resume work. He requires extensive medical treatment. Rutland sought recovery of a total of $5.2 million for past and future medical expenses, a total of about $1.7 million for past and future lost earnings, and unspecified damages for past and future pain and suffering. Rutland‘s wife sought recovery of damages for loss of services.

On Oct. 13, 2012, Judge Philip Patti ruled that both parties were liable for the accident. The state was assigned 90 percent of the liability, and Rutland was assigned 10 percent of the liability, based on what Patti deemed a defective condition of Rutland‘s bicycle. During the week that preceded the scheduled start of the trial’s damages phase, the parties negotiated a settlement. The state agreed to pay $13 million.

Judge:

Philip J. Patti

This report is based on court documents and information that was provided by claimants’ counsel. Defense counsel did not respond to the reporter’s phone calls.