New York Court of Appeals Will Hear Duty of Care Issue

The New York Court of Appeals in Clementoni v. Consolidated Rail Co. will hear oral arguments this Session concerning interesting duty of care and proximate cause issues.   An automobile driver brought an action against a railroad, the estate of deceased owners of private road, and owners of property abutting railroad tracks and a private road, based on injuries he sustained when his vehicle collided with a train.  The motorist claimed that the owners of the private road owed him a duty to warn or protect him from the dangers of the railroad crossing.  Notably, the motorist stated his deposition that he had passed over the railroad crossing on that day three times before.  The Majority of the Appellate Division, Fourth Department dismissed the claim against the property owners, holding that they did not owe the motorist a duty to erect a gate and, in any event, the lack of protections were not the proximate cause of the accident.