Harris v. City of Pleasant Valley

NUGENT, Presiding Judge.

Plaintiff Ernest Harris, father and natural guardian of Donald Wayne Harris, deceased, appeals from the trial court’s dismissal for failure to state a claim upon which relief could be granted. We reverse and remand.

Ernest Harris filed a wrongful death action against the City of Pleasant Valley (other defendants were disposed of earlier). Donald Wayne Harris, plaintiffs son, was killed on March 19, 1985, when a motorcycle he was driving collided with a stalled semi-tractor trailer near the South Brook-side intersection in Pleasant Valley at approximately 7:16 a.m. The…