Legal Opinion

Metz v. State

New York Court of Appeals

Decided November 29, 2012PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The issue presented by this appeal is whether the State can be held liable to individuals who were injured and the personal representatives of those who lost their lives due to the tragic capsizing of a public vessel—the Ethan Allen. We conclude that because the State owes no special duty to these claimants, the claims that the State’s inspectors failed to certify safe passenger capacity on the vessel must be dismissed.

The Ethan Allen was a public vessel operating as a tour boat on Lake George. In 2005, 20 passengers were killed and several others were…

2Cases cited6 opinions

  1. McLean v. City of New YorkNew York Court of Appeals · 2009
  2. Valdez v. City of New YorkNew York Court of Appeals · 2011
  3. Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
  4. O'Connor v. City of New YorkNew York Court of Appeals · 1983
  5. Worth Distributors, Inc. v. LathamNew York Court of Appeals · 1983

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3Cited by40 opinions

  1. Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
  2. Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
  3. Pearce v. LabellaDistrict Court, N.D. New York · 2013
  4. Flagstar Bank v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  5. T.T. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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