Stepanian v. United States of America
Filing
35
DECISION AND ORDER, For the foregoing reasons, the Government is not liable for Pltff's injuries and the case is dismissed with prejudice for lack of subject matter jurisdiction. (Ordered by Judge Sterling Johnson, Jr on 1/10/2017) c/m Fwd. for Judgment. (Galeano, Sonia)
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UNITED STAT ES DI STRICT CO URT
EASTERN DISTRICT OF NEW YOR K
--------------------------------------------------------------)(
SAIAT STE PANIAN,
Plainti ff,
15 CY 3727 (SJ) (JO)
DECISION
AND ORDER
- against -
UN ITED STATES OF AMERICA,
Defendant.
--------------------------------------------------------------)(
AP P EARANCES:
NICHOLAS W. KOWALCHYN
80 10 13' 11 Ave.
Brooklyn, NY 11228
Attorney fo r Pla intiff
ROBERT L. CAPERS
Un ited States Attorney
Eastern Distri ct of New York
27 1 Cadman P laza East
Brooklyn, NY 11 20 1
By:
Seth Eichenholtz
Matthew Si lverman
JOHNSON , Senior District Judge:
INTRODUCTION
Saiat Stepanian ("Plaintiff') filed thi s lawsuit on June 25 , 20 15 under the
Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b) and 267 1 et seq. Plaintiff
P~9
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claims that on or about June 27, 20 13, the Gateway National Recreation Area
("GNRA") maintained a dangerous and unsafe condition on its roadways, consisting
of unmarked, unilluminated and unsigned roadway barriers. (See
Complaint~
6.)
The GNRA is owned and operated by the National Parks Service ("NPS"), a division
of the Department of the Interior. (See Complaint ~~ 3-5 ; Answer to Complain
~~
3-5.) Plaintiff alleges that whi le he was riding hi s motorcycle within the GNRA, he
collided with roadway ba1Tiers and sustained serious and permanent injuries. (See
Complaint ~
7.) He seeks damages in the amount of $2 million.
The parties moved to bifurcate the liability and damages portions of the case.
(See Docket Numbers (" Dkt. Nos.") 16, 20; Minute Entry dated 4/8/2016.) At the
bench trial held on October 6, 20 16, the Court received evidence concerning
Plaintiff's claims regarding liabi lity. Plaintiff, and Maxim Rubenchik, his friend,
testified. The Government called Officer Nelson Gomez, a NPS pol ice officer. (See
Trial Transcript dated 10/6/20 16 ("Tr.") p. 157.) Based on the observations made
during testimony, the Court found Mr. Gomez' s testimony credible; Mr. Rubenchik's
testimony largely credibl e; and Plainti ff's testimony largely not credible. On the
basis of evidence and stipulations of fact to which the parties agreed, the Court makes
the findings of fact and reaches the conclusions of law set forth below.
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p.049
FINDINGS OF FACT
Plaintiff Saiat Stepanian
1. Plaintiff Saiat Stepanian has been licensed to ride a motorcycle by the State of
New York for 15 years.
At the time of the accident, he was 36 years old. (Tr.
9, 11.)
2. On the day of the accident, June 27, 2013, Plaintiff drove a Honda2012
C~V
1000. (Tr. 70.)
3. The headlights of Plaintiffs motorcycle illuminate approximately 60 feet in front
of the motorcycle. (Tr. 70.)
4 . Plaintiff purchased the motorcycle 0n June 22, 2013, five days before he
accident at issue. (Tr. 65.)
Before the Accident
5. On June 27, 20 13, Plaintiff and · his friend, Maxim Rubenchik, met up at
approximately 9:00 p.m. to ride their motorcycles together. (Tr. 63.)
6. While they were riding on the Belt Parkway, in Brooklyn, NY, at approximately
10:00 p.m., it started to rain. (Tr. 63; Joint Pre-Trial Order, Stipulation of Fact
("Stip. Fact") K.)
."
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P-049
7.
Plaintiff and Mr. Rubenchik entered Floyd Bennet Field ("the park" or "FBF"),
a defunct airport within the GNRA, to seek shelter. (Tr. 30, 31 , 75, 78; Stip. Fact
L.)
8. Plaintiff had ridden a motorcycle in the park in the past. (Tr. 56-5 7, 59.)
9. Plaintiff was aware that the sign at the main entrance of the park states that the
park closes at dark. He was also aware that orange barricades are used to blockoff certain areas from vehicular traffic. (Tr. 56, 59.)
10. When Plaintiff and Mr. Rubenchik arrived at the park, they waited for the rain to
stop underneath an awning at the Aviator Sports Center ("the sports center"), for
approximate ly ten to fifteen minutes. (Tr. 3 1.)
11. After it stopped raining, Plaintiff and Mr. Rubenchik decided to ride their
motorcycles around the park. (Tr. 3 1, 32.)
12. It was dark and the pavement was wet from the rain. (Tr. 32, 33, 34, 6 1, 111.)
13. They rode thei r motorcycles from the sports center, on the Old 6-24 Road (also
known as Hangar·'s Road), turning left and driving toward Raptor Point. (Tr. 33,
35-38, 106, I 07; Gov. Ex. N.)
14. They rode past orange baiTiers and "Do Not Enter" signs near the intersection of
Old 6-24 Road and two runways. (Tr. 35-38, 126-128; Gov. Exs. A, D l -D8, E lE7 , K, N.)
15. When they reached the Raptor Point area, they continued on a small road toward
the Remote Control Flying Field. (Tr. 37, 38, 107; Gov. Ex. N .)
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16. When they reached the Remote Control Flying Field, they turned left, passing
"No Left Turn" and "One Way" signs and entered the North 40 Runway. (Tr. 38,
107-108, 128- 129; Gov. Exs. K, N.)
17. This is the only way to enter North 40 Runway, which is otherwise blocked off
by orange barricades. (Tr. 136; Gov. Ex. N.)
The Orange Barricades
18. At the time of Plainti ffs accident, interconnected orange barriers were positioned
across the runway, " to close off the runway." (Tr. 128)
19. These barricades cl
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