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YUP

Chittenango, NY

#24 Feb 22, 2013
Doesn't Herkimer have a snow emergency parking policy where no cars are allowed to part on village streets during declared times during the winter?
wrong again

Herkimer, NY

#25 Feb 22, 2013
herkimer homeowner wrote:
<quoted text>
my gosh you are dumb. the section you cite above pertains to the title of the law, "Obedience to Traffic Laws." In other words, a snow plow can proceed through a red light or make a right on red otherwise outlawed etc....
... but must do so in a SAFE manner as explicitly stated in this section:
"The foregoing provisions of this subdivision shall not relieve any
person, or team or any operator of a motor vehicle or other equipment
while actually engaged in work on a highway from the duty to proceed at all times during all phases of such work with due regard for the safety..."
According to you, a municipal plow could go around slamming and scraping parked vehicles all night and the municipality would not be liable. It should be apparent to even a dummy like you that legislative intent is not to hold harmless and in effect sanction such action.
Stick with your jizz mopping job and leave the law to us lawyers.
The village is not liable so give it a rest. You clearly are not a lawyer.
pete johnson

United States

#26 Feb 22, 2013
plow those streets with a smaller truck....
mental midgets

Herkimer, NY

#27 Feb 22, 2013
pete johnson wrote:
plow those streets with a smaller truck....
the geniuses with the village aren't bright enough to think of using a pickup truck with a snowplow for those little dead end side streets.
hmmm

Herkimer, NY

#29 Feb 23, 2013
You know wrote:
She's got every right to question what happened. Why wasn't there an incident report filled out and given to the board for review?
Don't they have to file an incident report & be drug & alcohol tested if there is an accident?Doesn't seem right they can just do damage to someones vehicle and drive away! The owner of the vehicle would need a police report as to what happened for their insurance to cover it?
what up doc

New York, NY

#30 Feb 23, 2013
If over a certain monetary amount of damage around $1500 or so,a CDL driver has to undergo drug and alcohol testing.
wrong again

Herkimer, NY

#31 Feb 23, 2013
herkimer homeowner wrote:
<quoted text>
"The village is not liable" ... and you base that statement on -->>> what exactly?
Clearly not the section of law discussed previously, as I have illustrated how you erred (as usual).
So enlighten us all with your 5 watt intellect -- what statute insulates a municipality from liability if a snowplows rips into a parked car?
:eatingpopcorn:
The V&T law already cited shows where the Village is not liable. You keep citing the final paragraph yet you've already been told "recklessness" has to be proven.

Give it up, you got it wrong and there is no liability here. Your crackerjack law degree has been shattered.

End of story.
wrong again

Herkimer, NY

#32 Feb 23, 2013
herkimer homeowner wrote:
<quoted text>
"The village is not liable" ... and you base that statement on -->>> what exactly?
Clearly not the section of law discussed previously, as I have illustrated how you erred (as usual).
So enlighten us all with your 5 watt intellect -- what statute insulates a municipality from liability if a snowplows rips into a parked car?
:eatingpopcorn:
Here you go asshat, nearly identical situation, citing the EXACT same V&T law:

http://blog.timesunion.com/advocate/law-prote...

Consider yourself owned, like a slave
not so quick

Herkimer, NY

#33 Feb 23, 2013
wrong again wrote:
<quoted text>
Here you go asshat, nearly identical situation, citing the EXACT same V&T law:
http://blog.timesunion.com/advocate/law-prote...
Consider yourself owned, like a slave
Its great that you know how to Google things but what you have to remember is that anybody can sue anyone for anything. Does the law favor the village? Yes. Does it entirely relieve them of liability? Absolutely not. If the plaintiff can prove the operator, village or even municipality was reckless or negligent they have a good case. From the sounds of things there may very well have been some negligence on the plow operators part. Thats where lawyers come in. Owned like a slave? Really?? Moron.
m cuntingham

Little Falls, NY

#34 Feb 23, 2013
im gay again and hungry now get out of my parking spot.
wrong again

Herkimer, NY

#35 Feb 23, 2013
not so quick wrote:
<quoted text>
Its great that you know how to Google things but what you have to remember is that anybody can sue anyone for anything. Does the law favor the village? Yes. Does it entirely relieve them of liability? Absolutely not. If the plaintiff can prove the operator, village or even municipality was reckless or negligent they have a good case. From the sounds of things there may very well have been some negligence on the plow operators part. Thats where lawyers come in. Owned like a slave? Really?? Moron.
From the sounds of things, nobody even witnessed it. No witnesses, how do you propose proving recklessness?

I own your ass, too. Now pick some cotton.
get it

Herkimer, NY

#37 Feb 24, 2013
herkimer homeowner wrote:
<quoted text>
That article illustrates nothing but the unsurprising fact that the cooperative insuring the subject municipality will twist the law to suit its own purposes, and that NYS and municipalities will unsurprisingly seek to cover their asses with loopholes. The law is clear in that public employees >are not relieved of the duty to proceed safely<. When you back into a parked car, you are not proceeding safely. You are proceeding recklessly. The only point conceded is that the technical legal definition of "reckless" may be subject to varying interpretations by different parties. Hence, Joe-Six Packs suffering loss at the hands of a reckless public employeee will benefit by capable legal representation.
give it up, you got schooled and owned. Quit crying and accept defeat. you continuing to respond is futile and shows what a crybaby sore loser you actually are.
get it

Herkimer, NY

#39 Feb 24, 2013
herkimer homeowner wrote:
<quoted text>
Satan, it is said, can quote scripture for his purpose, and similarly lawyers can and will try to pervert legislative intent to suit their own selfish means. If you were to consort with Marc Butler at the Waterfront Grille, as I frequently do, and inquired of him whether he and his august colleagues meant for a a vehicle owner to suffer a loss of thousands of dollars because of the recklessness of a municipal snow plow operator, his answer would be an unequivocable NO. Lemmings like you who embrace the government line and pass it off as gospel to an unsuspecting public are undermining the liberties of hard-working citizens and empowering government to act with impunity. You should be ashamed of yourself.
Yawn. Admit defeat that the law is on the side of the Village and give it a rest. Nothing you can say or do changes that.

I am the hard working public. You're another scab on the ass of the real hard working public and your touting Butler's name further goes to show your arrogance and sense of entitlement.

You lost. End of story. You and Mark have fun hiding the salami this weekend.
get it

Herkimer, NY

#41 Feb 24, 2013
lemming is the guy sniffing up Mark Butler's ass and there's only one here who admitted to that, you. bwahahahahah!

that law has been on the books for decades. I guess you don't do a hell of a lot for the "hard-working citizen". It appears you are more part of the problem than the solution.
Plow-happy

Little Falls, NY

#42 Feb 25, 2013
The plow driver will say he had no idea it happened. Why not plow the narrow dead end streets with one of the smaller trucks?

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