Lugo v County of Essex v Town of North Elba (February, 2002)
Plaintiff commenced an action against the County and Town of alleging failure to maintain and adequately remove snow and ice from the roadway, after the vehicle he was driving went off the road and landed in a stream. The direct claim against the Town was dismissed (and upheld on appeal). The County then settled with the plaintiffs and thereafter sought to obtain indemnification from the Town under a contract between them, whereby the Town performed all snow and ice control on County roads. After a three day trial before Judge Sheridan in Elizabethtown, the jury unanimously found that the accident was solely caused by the negligence of the driver, Julio Lugo, and that the Town did not negligently perform its obligations regarding snow and ice control on the road in question.
Debra J. Young was the attorney of record for the Town of North Elba.