Kreindler Wins Important Legal Battle in Maritime Personal Injury Case
Kreindler has won a significant maritime victory in federal court in Albany, New York. The case involved a passenger on a jet ski that went over a poorly marked submerged dam in Troy, New York causing the plaintiff serious injury.
The dam was operated by the U.S. Corps of Engineers who claimed that they were immune from liability under the “discretionary function” rule, which protects certain governmental functions. Kreindler argued that the Corps had not properly put out warning signs prior to the regular navigation season, which was when the accident occurred, and in doing so violated a federal policy. Kreindler argued, and the Judge agreed, that the Corps was therefore not allowed to assert the “discretionary function” defense. The case can now proceed to trial.
The Kreindler attorneys that handled Bagner v. United States were Paul S. Edelman and Hilary B. Taylor.
View a copy of the decision. (PDF)