201412.12
0

Plaintiff tripped and fell stepping off a curb onto a road. He alleged that he was caused to fall due to an excessively high curb above a sewer inlet and the excessive pitch of the road at the mouth of the inlet. At trial, we established that our client paved the road where plaintiff fell pursuant to specifications provided by the Town of Hempstead and third party defendant engineer. We further demonstrated that our client’s work was inspected and approved by both the Town and engineer upon completion. Following trial, the court, persuaded by our arguments, dismissed the complaint against our client. The court concluded that since our client complied with the Town and engineer’s directives in paving the road, it could not be found liable to either plaintiff or the Town for its work.