Van Iderstine v. Lane Pipe Corp.

OPINION OF THE COURT

Joseph J. Sedita, J.

This is a motion by the defendant, County of Erie seeking dismissal of the second and third causes of action asserted by the plaintiffs against the county, for summary judgment or severance as to the county.

The plaintiff infant herein was injured when the automobile in which he was a passenger went out of control on Rice Road in the Town of Elma and struck a guardrail along the road. The county allegedly designed and constructed the road and guardrail. Plaintiffs allege in their second cause of action liability based on “express and implied warranties…