Smith v. State

OPINION OF THE COURT

Richard E. Sise, J.

Claimant, Sarah Smith, as limited administratrix of her late husband Wilbur L. Smith’s estate, seeks damages for his wrongful death which allegedly occurred when, as he drove his automobile along a New York State highway, he left the lane of travel colliding with a guide rail, causing his automobile to flip over and land on its roof, resulting in claimant’s decedent’s instant death. The claim alleges negligence on behalf of the State of New York in the construction and/or maintenance of the guide rail system situated alongside of a state owned roadway.…