Are Wide Streets Negligent?, Michael Lewyn
Dec 2018
Are Wide Streets Negligent?, Michael Lewyn
Michael E Lewyn
American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.
Engineering Standards In Highway Design Litigation, Michael Lewyn
Dec 2017
Engineering Standards In Highway Design Litigation, Michael Lewyn
Michael E Lewyn
Highway engineers sometimes believe that if they redesign streets to improve pedestrian safety (for example, by introducing traffic calming techniques) they might be successfully sued for negligent design by motorists. This chapter suggests that in such situations, governments are likely to be protected by discretionary function immunity. In addition, the chapter discusses a variety of technical issues.
Engineering Standards In Highway Design Litigation, Michael Lewyn
Dec 2017
Engineering Standards In Highway Design Litigation, Michael Lewyn
Michael E Lewyn
Chapter in "Engineering Standards for Forensic Application." (coauthored) Focuses on soveriegn immunity for highway designers.
Is An Apartment A Nuisance?, Michael Lewyn
Dec 2014
Is An Apartment A Nuisance?, Michael Lewyn
Michael E Lewyn
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
