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Rebecca K. Devlin Successful Upon Motions for Summary Judgment in Cases Involving Municipalities

Rebecca K. Devlin successfully prevailed on two motions for summary judgment in Supreme Court, Suffolk County in cases involving municipalities.  The matters both stemmed from incidents which occurred in municipal parks and resulted in severe injuries to the plaintiffs. In one case, the plaintiff sustained traumatic amputations of three fingers while engaging in a motorcycle performance. In the other, the plaintiff suffered from a ruptured left globe resulting in blindness after being struck in the eye with fencing.  The gravamen of both complaints against Lewis Johs' municipal client was that it failed to adequately operate, maintain, control and supervise the municipal parks. Ms. Devlin moved for summary judgment on the grounds that a municipality’s determination of whether to provide supervision or protection at a park is a discretionary resource-allocating function and, absent a special relationship which would create a specific duty, should not subject it to liability. Ms. Devlin further argued that the plaintiffs’ injuries in both of the cases were not a natural and foreseeable consequence of its municipal client’s actions. The court granted the motions, dismissing the complaints and all cross claims brought against Lewis Johs' municipal client.

 
     

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