Legal Opinion
Weber v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1985No. Claim No. 63897PublishedCited by 5 opinions
1Opinion of the Court
— Appeal from a judgment of the Court of Claims (McCabe, Jr., J.), entered October 17, 1983, which dismissed the claim.
Claimant’s decedent, while being transported to a mental hospital, was shot and killed by a State trooper during his escape attempt in which decedent had gained possession of one trooper’s revolver and shot at the second trooper. Claimant commenced two actions for wrongful death on behalf of decedent’s estate; one in the United States District Court and the other in the New York Court of Claims. In the Federal action, the complaint against the State was dismissed on…
2Cases cited5 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Felt v. OlsonNew York Court of Appeals · 1980
- Lattanzi v. StateNew York Court of Appeals · 1981
- Lattanzi v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Felt v. OlsonAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
- Levy v. BraleyAppellate Division of the Supreme Court of the State of New York · 1991
- Delay v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1991
- Dean v. LongAppellate Division of the Supreme Court of the State of New York · 1987
- Zi Guang v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Morris v. WeeksAppellate Division of the Supreme Court of the State of New York · 1989