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12.14.2015

Howd & Ludorf, LLC Wins Summary Judgment in Roadway Defect Case

    Howd & Ludorf Associate Ondi A. Smith recently won summary judgment for the Town of North Haven.  In Graham v. Sledge, the plaintiff was injured during a pedestrian/motor vehicle accident in North Haven.  The defendant driver apportioned in the Town of North Haven claiming that the roadway was defective due to a malfunctioning pedestrian walk signal.  Attorney Smith argued that apportionment of the Town was untenable in the context of a claim made pursuant to the Highway Defect Statute, which requires that Town be the sole proximate cause of the plaintiff’s injury.  Attorney Smith argued that if the plaintiff was able to demonstrate that the driver was negligent, therefore triggering apportionment, then the Town could not have been the sole proximate cause of the plaintiff’s injury, defeating the Highway Defect Statute claim.  The court agreed that apportionment was not viable in the context of a claim pursuant to the Highway Defect Statute and granted summary judgment in favor of the Town.

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