Timothy Welch Wins Appeal In Fourth Department
On July 7, 2017, Timothy Welch prevailed on appeal in the Appellate Division, Fourth Department in Estate of Morris v. Ontario County, 2017 NY Slip Op 05534 (4th Dep’t 2017). The plaintiffs, who were the administrators of the decedent’s estate, commenced a negligence action against various parties following a motor vehicle accident. The decedent was operating a motor vehicle that travelled off the road, struck a guide rail system, and caused the vehicle to launch in the air and land in a creek below. The decedent died shortly thereafter. Mr. Welch successfully obtained summary judgment at the trial court level by arguing that our client, who installed the guide rail, owed no duty to the plaintiff, and that all of the work was performed under the direction of and subject to complete approval by the county. The Fourth Department unanimously affirmed the decision finding that our client did not have final authority regarding the installation of the guide rail at issue.