Horner's Trucking Service, Inc. v. State Highway Department

Allen, P. J.,

On November 17, 1971 a truck owned by plaintiff was involved in an accident with another motor vehicle on a state highway. Plaintiff filed written notice of the accident, allegedly due to a highway defect, with the Court of Claims on October 25, 1973. Plaintiff commenced *515suit against the State Highway Department on November 9, 1973, seeking recovery of property damage as well as contribution, the latter being contingent upon plaintiffs liability to the operator of the other vehicle.

This appeal stems from the grant of the State Highway Department’s motion for accelerated judgment…