Jonmaire v. Town of West Seneca

— Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: In an action to recover damages for wrongful death and decedent’s conscious pain and suffering, plaintiff appeals from an order which partially granted the motion of defendant Town of West Seneca for a protective order.

Plaintiff’s decedent suffered fatal injuries on January 3, 1984 when she was struck by an automobile on Seneca Street near the intersection of Benson Avenue. The theory of plaintiff’s cause of action is that defendant town "failed to…