This case is about a car accident which occurred in a slippery road due to the presence of snow and ice. Plaintiff wanted to recover damages for injuries allegedly sustained due to the negligence of the defendants when the vehicle of the latter struck her. The County Of Suffolk, Suffolk County Department of Public Works, and the Suffolk County Police Department, were also included as defendants because they failed, inter alia, to keep and maintain Vanderbilt Parkway clear and free of accumulating ice, failed to spread salt, sand or other substances; failed to inspect the roadway where water and ice would remain, and failed to warn of the condition. In addition, plaintiff alleged that defendant County of Suffolk had actual notice of the subject icy, hazardous condition and failed to timely and properly act thus breaching its duty to maintain the roadway in a reasonably safe condition.
The County of Suffolk sought summary judgment dismissing the complaint against it on the basis that the County was afforded no prior written notice of the alleged defective or dangerous roadway so as to comply with the mandates of Suffolk County Charter C8-2A as a condition precedent to this action; and that the Suffolk County Police Department owed no special duty to the plaintiffs.
The evidence indicates that at the time of the car accident there was a slippery, snowy, icy area in the vicinity of Commack Middle School on Vanderbilt Parkway. The Police Officer responding to the scene testified that prior to the accidents on Vanderbilt Parkway he called in by radio to the police department to have the County send out a truck to sand the area where the accident occurred due to the snow and ice on the roadway. A Brooklyn employee of the Suffolk County Department of Public Works Highway Engineering Division testified that she did not receive any calls concerning snow or ice conditions on Vanderbilt Parkway, and yet she said that the County trucks either plowed, sanded or salted the subject roadway on January 27, 2003 without specifying the specific time it was done, the location of the work, or how the County determined that such work was indicated.