In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied.
Background
On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin Miller on State Route 7 in Princetown, Schenectady County. There was snow and ice on the roads that day. As a result of the poor conditions, Miller lost control of the car. The car crossed over the center lane and crashed into a snowplow. Killenberger was seriously injured and Croote was killed.