The state Appellate Division today reinstated a lawsuit against Sussex County by a New York woman who crashed her motorcycle on a hairpin curve on Route 607 in Hopatcong four years ago.
Kathleen Fitzgerald, 51, of Staten Island filed the lawsuit after she crashed her Harley-Davidson motorcycle on the 135-degree curve on May 30, 2004, the appellate ruling states. The road also is known as Maxim Drive. The lawsuit was dismissed more than a year ago by a state Superior Court judge, who found that the county's road signs for a 10 mph speed limit of the curve, a 90-degree arrow before the bend, and directional chevrons through the turn, were adequate warning of the hairpin.
But a three-judge appellate panel overruled the decision. It determined a jury could find the road's 135-degree turn was a dangerous condition; the county was aware of the danger because of the 10-mph speed limit and number of accidents there (22 accidents between 1999-2004); and the 90-degree arrow made the condition more dangerous because it is misleading for a curve that actually is much sharper.
"We believe a rational jury could conclude that the 90-degree sign was so misleading as to the configuration of the roadway that its use was 'palpably unreasonable,'" the appellate ruling states. Motorists may not "become aware that the curve is significantly sharper than a 90 degrees until well into the curve, when it can be too late to compensate for the additional turning required."
A jury also would have to consider other factors, such as credibility of the plaintiff, speed and overall configuration of road signs -- but all of that is for a jury to decide, not for a judge to decide in a summary judgment, the ruling states.
The county's attorney on the case, Thomas Keenan, said a motorist traveling at 10 mph would have no trouble on the curve. He believes it would be difficult for the plaintiff to prove in a trial that the county was "palpably unreasonable."
The road was built in 1929 on a forested hill on the west side of Hopatcong between Route 605 (Sparta-Stanhope Road) and Bear Pond. In 1965, the county asked the state Department of Transportation to do an engineering study to establish speed limits, and the DOT recommended 15 mph for the curve. In 1977, the DOT reviewed the road's signs and recommended dropping the speed limit to 10 mph, the ruling states.
"The curve is dangerous unless negotiated in accordance with the appointed signs," Keenan said. "The county was in full compliance with the DOT -- it recommended a 10 mph speed limit -- and posted signs showing it was potentially dangerous curve coming up, and posted chevron signs through the curve."
Fitzgerald was traveling north (downhill) at the time of the accident, Keenan said. She was a relatively inexperienced motorcycle rider, and was between two other motorcyclists she was riding with, Keenan said. She hit a guard rail, and was thrown off the seat and over the handlebars, the ruling states. She suffered foot and leg injuries, Keenan said.
The driver behind her "initially reported to police she was speeding, then when deposed he changed his story," Keenan said.
Fitzgerald's attorney could not be reached for comment.
The county now must decide whether to seek an appeal with the state Supreme Court, go to trial or pursue mediation.
"We are confident we will prevail in a trial," Keenan said.