New York's Appellate Court says the state is liable for the death of a former East Syracuse mayor.
In 2004, Jason Rhoades was driving on Interstate 81 in Syracuse when he slid and hit a snowbank. The snowbank was packed against the concrete barrier and ended up acting like a ramp, launching Rhoades off the bridge. He crashed down to Park Street below and was killed.
Rhoades' estate filed a wrongful death lawsuit, claiming the state created a dangerous situation because of the plowing methods. A lower court dismissed the claim. The Appellate Court in Rochester has reversed that decision.
The state removed the snowbank from the bridge only after a second deadly accident, about 36 hours after the crash that killed Rhoades. Another vaulting accident happened on the same bridge 10 years earlier. In the decision, the Appellate Court justices note that vaulting accidents are rare, but that several occurred in the same spot. "We thus conclude," the decision says, "under the circumstances of this case that defendant is liable for creating the dangerous situation."
The justices are sending the case back to the Court of Claims, saying there can be a new trial on issues of Rhoades' alleged negligence in the crash, and what kind of damages can be awarded.
