A one-car accident in which Michael A. Mazzuca hit a tree in a 30-foot-wide “clear zone” beside Interstate 84 six years ago is now the vehicle for an attack on the state highway defect statute’s “sole proximate cause” requirement.
Mazzuca’s lawyer, David P. Burke, told an Appellate Court panel Nov. 15 that the statute, its legislative history and case law provide no basis for the doctrine, which makes plaintiffs prove the highway defect was 100 percent responsible for the accident. “Somebody should wake up and say the emperor has no clothes,” Burke argued.
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