Posts Tagged ‘Sam’

Sam had just had a fine meal in Lake Ariel and was heading towards Hamlin on Route 191. Sam was in somewhat of a rush to get home and, despite the fact that it was now 6:30 and dark, he left the parking lot without putting his lights on for some reason. Poor Molly was pulling out of her driveway and, despite the fact that she looked in both directions, did not see Sam whose dark-colored pickup truck would have been virtually impossible to see without lights being turned on.

Sam broad-sided Molly, causing Molly to have serious injuries that resulted in a long hospitalization. Sam complained that Molly pulled out right in front of him and was basically responsible for the accident.

Issue: Is Sam correct?

Answer: No. Sam is in big trouble here. He violated a statute which mandates that he have his lights on so that his vehicle would have been observable in the dark. In all likelihood, a jury would find Sam 100% responsible for this accident, despite the fact that Molly did pull out in front of him. Molly could not be expected to observe a vehicle in an area that is not lit when that vehicle does not have its headlights on.

As a general matter of safety, one should turn their headlights on at the beginning of dusk. Also drivers are supposed to have their lights on if their windshield wipers are being used, even in the daytime.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Smokey Sam and his family had been neighbors with Fresh Air Fred’s family for about 15 years in Northern Wayne County. Fresh Air Fred had moved up from the Bronx to get away from the hustle, bustle and noise of the big city. Smokey Sam decided that he wanted to try to do something about the high cost of heating. So he bought an outside wood burner to help supplement his electric heat.

Fresh Air Fred’s house was 50 yards downwind from Smokey Sam’s. When Smokey Sam lit up his wood burner, it became readily apparent that the smoke went right into the direction of Fresh Air Fred’s home. Fresh Air Fred found that he could not keep his windows open and even with the windows closed, the smell of smoke was very strong in his house.

Fresh Air Fred approached Smokey Sam and advised him of the problem. Smokey Sam said that was basically the way things were and that he, Smokey Sam, could not control the way the wind blew. Fresh Air Fred stated that his wife’s asthma was being seriously aggravated by the smoke, and they would just have to seek legal recourse.

Question: Does Fresh Air Fred have any grounds to stand on to prevent Smokey Sam from utilizing his outdoor wood burner?

Answer: Yes. As a basic tenant of the law, people are entitled to enjoy their homes without outside interference. The conduct of Smokey Sam in burning wood, wherein the smoke would go into the direction of Fresh Air Fred’s house, would be considered a private nuisance. Certainly the smoke was affecting the health of Fresh Air Fred’s wife and the family’s enjoyment of their own home. Fresh Air Fred will seek from the Judge what is called an injunction wherein the court will order Smokey Sam to stop burning wood entirely or attempt some modification of his wood burner wherein the smoke would not pass in the direction of Fresh Air Fred’s home. Fresh Air Fred can also potentially seek damages against Smokey Sam if Smokey Sam continued to burn wood causing further health problems to Fred and/or his wife who already had asthma.