When Confronted With Evidence That Defendant Could Have Avoided Accident, a Finding That Weather Caused Accident is Inappropriate. Court Also Affirmed Lower Court’s Ruling That Strict Adherence to Specific City’s Notice of Claim Form Was Not Required.

Angeles v. Ruiz, 2023 WL 3669914, No. A-3751-20 (N.J. Super. App. Div. May 26, 2023) – The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney. While approaching an intersection with a stop sign, the snowplow driver applied the brakes, but the snowplow skidded into the intersection, striking the plaintiff. A responding police officer noted that there was heavy and new snow at the time but, also, that the snowplow driver’s inattentiveness could have…
By: Marshall Dennehey