Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

Appellate Court Declines Opportunity to Apply Government Immunity in Bicycle Accident Case Against City

Free Consultation
January 11, 2017 | Posted in Auto Accidents, Firm News, Government Liability

Late last year, an appellate court in New York issued a written opinion in a bicycle accident case, affirming a lower court’s decision not to apply governmental immunity. In the case, Turturro v. City of New York, the court determined that the alleged negligence was regarding a “proprietary function,” rather than a governmental one, and therefore government immunity was not appropriate.

The Facts of the Case

The plaintiff, a 12-year-old boy, was riding his bike on a four-lane New York street at 6:30 in the evening when he was struck by a vehicle traveling at an estimated speed of 54 miles per hour. The speed limit was 30 miles per hour. The driver was cited for reckless driving in a criminal case, and he pleaded guilty.

The plaintiff then filed a civil lawsuit against the driver as well as the City of New York. Evidence was presented that several citizens and lawmakers had written to the Department of Transportation, asking the city to do something about the dangerous road. Specifically, citizens were concerned that drivers were speeding and drag-racing. The city presented evidence that in response to the letters, it had commissioned a study on motorists’ speed and notified the police of the findings. However, the plaintiff pointed out that no traffic-calming measures – such as road bumps, rumble strips, or raised crosswalks – were implemented. After a jury trial, a verdict was issued in favor of the plaintiff. Specifically, the jury determined that the driver was 50% at fault, the city 40% at fault, and the plaintiff 10% at fault.

In a post-trial motion, the city asked the court to reverse the jury’s verdict, arguing that the city was entitled to government immunity. The city explained that it had commissioned a study and taken action to remedy the speeding issue. However, the court determined that immunity was not appropriate in this situation. The court explained that governments may be immune from lawsuits when it comes to the design of roadways in some situations, but not all. In order for immunity to be proper, the government’s actions in carrying out the planning process must be reasonable, and the government is under a continuing duty to ensure that the roadway is safe. The court determined that the city’s response to the study in notifying the police was not a sufficient means of solving the problem of speeding and drag racing. Thus, sufficient evidence was presented by the plaintiff to overcome the city’s qualified immunity.

Have You Been Injured in a New Mexico Traffic Accident?

If you or a loved one has recently been injured in an Albuquerque car accident, you may be entitled to monetary compensation from one or more parties. In some cases, accidents occur not only due to a motorist’s negligence but also due to the poor design or maintenance of a roadway. In these cases, the government entity overseeing the roadway may also be liable. Call the dedicated New Mexico personal injury attorneys at the Fine Law Firm at 505-889-FINE to learn more about lawsuits against negligent motorists and government entities. Calling is free, and you will not incur any obligation by discussing your case with one of our attorneys.

More Blog Posts:

Appellate Court Affirms Trial Judge’s Decision to Dismiss Case Due to Violation of Statute of Limitations, New Mexico Personal Injury Lawyer Blog, January 3, 2017.

State Supreme Court Partially Reverses Judgment in Personal Injury Case Involving Claims of Governmental Immunity, New Mexico Personal Injury Lawyer Blog, December 1, 2016.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy