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Full-Text Articles in Urban Studies and Planning
Are Wide Streets Negligent?, Michael Lewyn
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.
Planetizen Blog Posts- First Half Of 2019, Michael Lewyn
Planetizen Blog Posts- First Half Of 2019, Michael Lewyn
Michael E Lewyn
Op-ed length articles on various land use-related issues.
Engineering Standards In Highway Design Litigation, Michael Lewyn
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.