PMT Wins through Discovery and Exposes Weakness

By Paul J. Winterstein.

In Lisa Montenero, As Administrator of the Estate of Paul Montenero, Deceased v. New York State Bridge Authority (Ulster County, NY Index No.: EF2023-1225 – PMT: Wrongful Death) a wrongful death action arising from a fatal fall from a bridge, the plaintiff—the decedent’s mother—alleged that our client, who had control over the bridge, created a dangerous condition by allowing a gap to exist between the roadway and an adjacent pedestrian walkway. The plaintiff further alleged that our client failed to warn the decedent and the public of the hazard, pointing to the absence of protective netting between the roadway and walkway, despite evidence that such netting had previously been considered by our client. The lawsuit sought to hold our client liable for the decedent’s death based on alleged negligence in both design and maintenance of the bridge.

Through discovery, Paul J. Winterstein, Esq. successfully established that the decedent did not experience any conscious pain and suffering prior to his death, and that plaintiff’s theory of pre-impact terror was entirely speculative and unsupported by the evidence. Further, Mr. Winterstein prepared a motion for summary judgment, arguing that our client was immune from liability due to the discretionary nature of its decision-making with respect to the bridge’s design and maintenance.

Confronted with the likelihood that the court would dismiss the case based on our client’s immunity defense and the weakness of the damages claims, plaintiff agreed to resolve the matter for a nominal settlement amount. This favorable outcome not only avoided protracted litigation but also reaffirmed our client’s legal position and minimized their financial exposure.

Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com