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We took this case of negligence to the Court of Appeals and settled in favor of our client, a city worker

Our client was a “thrower” on a garbage truck for the City of Cohoes. One day at work, the truck driver encountered an illegally parked car that prevented him from driving the truck over train tracks at a crossing. Our client hopped off the back of the truck and was directing the driver in backing over the train tracks, when suddenly the crossing bells sounded, the lights came on and the crossing arms began to descend. While the truck was in the middle of the crossing, one of the crossing arms struck the truck, fractured apart and flew in the air ultimately striking our client in the head.

We sued the owner of the illegally parked car and the railroad as there was no train. We proved that the illegally parked car prevented the garbage truck driver from making the crossing and that the crossing signals were defective; always sounding and creating false alarms and warnings when no train was present. We proved negligence and this case was appealed to the Appellate Division, where we won and then to the Court of Appeals, where the case became settled for a substantial sum in favor of our client.