A Monroe County man injured in a motorcycle accident at 1:30 a.m. on Aug. 9, 2021, is suing the Town of Batavia, alleging that a sign on Batavia Stafford Townline Road was pointing in the wrong direction causing him to misread a curve in the roadway.
Daniel W. Felix, Sr., is claiming he sustained significant injuries as a result of the crash.
Attorneys for the Town of Batavia have filed a response denying many of the allegations in the lawsuit.
According to the suit, filed in June, Felix was directed to the right by a road chevron sign when the road actually curved left.
The suit states, “The improper and unsafe right-facing road chevron sign existed for a sufficient period of time prior to the crash to serve as actual and/or implied constructive notice of the defect which existed through negligence, carelessness, and recklessness.”
The suit does not state for how long a period of time the plaintiff believes the chevron pointed in the wrong direction.
The suit also states that double yellow lines also indicated he needed to move further to the right on a left curve, “causing him to exit off the road to the right with his motorcycle.”
Felix is represented by C. Daniel McGillicuddy of Williamsville.
The town’s answer was filed by Michael P. McLaren and Peter L. Powers, of Buffalo.
In the response, the town “explicitly denies any negligence, culpable conduct, or liability.”
The filing advances a number of defenses. Some of them are technical in nature.
- “Pursuant to applicable statutes, ordinances, rules and/or regulations, the Town of Batavia is liable only if, prior to the alleged incident complained of, the Town of Batavia received written notice of the alleged effect proximately causing the alleged injuries to the Plaintiff. No such written notice was ever received by the Town of Batavia.”
- “The condition of the area at issue was the result of certain various municipal planning decisions, thereby providing the Town of Batavia with immunity from suit and/or liability.”
- “Upon information and belief, Plaintiff’s alleged injuries and damages were caused in whole or in part by his own negligence, carelessness, or want of care.”
- “Plaintiff crashed his vehicle in the Town of Stafford, outside the jurisdictional limits of the Town of Batavia; therefore, Plaintiff fails to state a cause of action upon which relief can be granted against the Town of Batavia.”
The attorneys call upon the court to either dismiss the case entirely or reduce the Plaintiff’s damages if any. The town also asks to recover its attorney fees if it prevails.
The County, Town of Stafford and Town of Elba were all originally named as codefendants, but the action against those agencies was discontinued by stipulation last month.