NY SUPREME COURT UPHOLDS SUIT OF WOMAN IMPALED BY FRACTURED GUARD RAIL END

The Appelate Division of the New York State Supreme Court recently upheld a Court of Claims verdict against the state for a one-car accident, finding negligence in the fabrication of a guard rail. However, upon appeal, the damages against the state were lowered because the higher court found that the injured woman was 40% at fault for the accident. On September 25, 1981, Elizabeth Clark, who subsequently was determined to have a blood alcohol level of 0.14%, drove off the highway on a curve. Her car traveled nearly 200 ft and struck the ramp-end of a guard rail. Upon impact, the ramp-end piece of the guard rail fractured and the exposed horizontal member of the rail impaled the vehicle through the passenger compartment. The car then slid another 150 ft and came to rest against a bridge abutment. Clark suffered severe lacerations and fractures to the lower half of her body. The State Supreme Court decision was based primarily upon testimony by an engineering expert, who asserted that if the guard rail had been properly constructed and maintained, Clark would have suffered only minor injuries.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
• Corporate Authors:

  TranSafety, Incorporated

  8136 Old Keene Mill Road, Suite B-101
  Springfield, VA  United States  22152
• Publication Date: 1988-8

Media Info

• Pagination: p. 1-2
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 6
  • Issue Number: 8
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Blood alcohol levels; Drunk drivers; Drunk driving; Expert evidence; Guardrails; Injuries; Litigation; Loss and damage; Negligence; Ran off road crashes; Single vehicle crashes; Structural design
• Old TRIS Terms: Expert testimony
• Subject Areas: Design; Highways; Law; Safety and Human Factors; Security and Emergencies; I80: Accident Studies;

Filing Info

• Accession Number: 00475926
• Record Type: Publication
• Files: TRIS
• Created Date: Sep 30 1988 12:00AM