Successful Appeal to Appellate Division

July 20, 2012

London Fischer, LLP attorneys James Walsh and Jeff Miragliotta recently secured a reversal in the Appellate Division on behalf of Welsbach Electric Corp. of L.I. (“Welsbach L.I.”), the traffic signal maintenance contractor for Nassau County. The action involved a collision between a car and a fire truck and both drivers claimed to have had a green traffic signal, a condition that is mechanically not possible. Plaintiff was severely injured and claimed memory loss, among other serious injuries. The trial court first awarded summary judgment to Welsbach L.I. and the County of Nassau but later granted a motion to renew and reargue, denying summary judgment.

An immediate appeal was taken from this decision to the Second Department. After oral argument, the Court reversed the decision as to Welsbach L.I., reaffirming that Welsbach L.I. owes no duty in tort to members of the general public. The Court did not reverse as to the County of Nassau.