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CG&P Secures Dismissal of Underground Utility Contractor in Negligence Action

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CG&P Secures Dismissal of Underground Utility Contractor in Negligence Action

CG&P Secures Dismissal of Underground Utility Contractor in Negligence Action. The plaintiff alleged that the underground utility contractor was negligent in repairing the road surface after performing work for a local utility company in Brooklyn, New York. The plaintiff was operating a motorcycle when he allegedly lost control of his bike after hitting a pothole in the roadway. The plaintiff alleged significant injuries including facial fractures, a fractured coccyx, traumatic brain injury and spinal herniations. The Appellate Division, Second Department reversed the Lower Court and dismissed the plaintiff’s direct claims concluding that the plaintiff failed to raise an issue of fact regarding whether the utility construction company performed work near the area of the subject pothole. The case was handled by CG&P Partner James P. Connors, Esq. and Associate Katherine Giovacco, Esq. and is reported at Sand v. City of New York 83 A.D.3d 923 (2d Dept. 2011).