Catanzaro v. Town of LewistonCatanzaro v. Town of Lewiston
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action seeking damages for, inter alia, injuries he sustained when a snowplow truck driven by defendant Douglas E. Burnett, an employee of defendant Town of Lewiston, collided with his vehicle. Supreme Court granted defendants’ motion for summary judgment dismissing the complaint. We affirm. In support of their motion, defendants submitted the deposition testimony of Burnett and his “wing man,” who each testified that the snowplow truck was stopped at an intersection and that plaintiff‘s vehicle slid out of control toward the intersection. Burnett testified that he took evasive action to avoid the collision but that plaintiff‘s vehicle hit the front of the snowplow. In opposition to the motion, plaintiff submitted his own deposition testimony in which he provided a completely different version of the accident. Plaintiff testified that the snowplow truck was traveling too fast for the conditions and that its back wheels locked, causing it to slide into the intersection.
We conclude that defendants met their initial burden of establishing that the snowplow truck was “actually engaged in work on a highway” and that they did not act with “reckless disregard for the safety of others” (
Present—Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.