(DOWNLOAD) "Matter Donna Wemett Et Al. v. County Onondaga" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Donna Wemett Et Al. v. County Onondaga
- Author : Supreme Court of New York
- Release Date : January 29, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Order unanimously reversed, with costs, and motion granted. Memorandum: Petitioners appeal from an order of Supreme Court, Onondaga County, denying an application for leave to file a late notice of claim for personal injuries (General Municipal Law, § 50-e, subd 5). On February 9, 1977 petitioner wife suffered personal injuries and property damage when a county snowplow backed into her automobile. During the 90-day time limit imposed by section 50-e (subd 1, par [a]) of the General Municipal Law for filing claims against public corporations, she consulted with her attorney and when it appeared that her personal injuries would not constitute a "serious injury" under section 673 of the Insurance Law (her medical expenses totaled $277 and were not expected to exceed the $500 statutory threshold), no notice of claim was filed with the county. The countys insurance carrier promptly paid her total property damage claim of $668. Upon referral to a medical specialist, it was determined on June 23, 1977 that petitioner had sustained a bilateral thoracic outlet syndrome as a result of the accident. Surgery was prescribed and was performed in August. In December, 1977 petitioners attorney was advised of the serious injury, and these proceedings were immediately commenced. It is alleged that her condition required further surgery which was performed in January, 1978. Special Term denied petitioners application, holding that no explanation was offered for the protracted delay in serving the notice of claim after they learned of the seriousness of her injuries and that the county was prejudiced because the delay had put evidence essential to its defense of a personal injury action beyond its reach. We disagree. First of all, petitioners failure to file within the 90-day period is excusable since the symptoms of Ms. Wemetts serious injury were not readily apparent and her condition was not diagnosed until June, 1977, well after the time limitation had passed. [64 A.D.2d 1025 Page 1026]
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