Sebastian v. State

(dissenting.) The issue on this appeal is whether the State of New York (State) may be held liable for injuries caused by an escapee from a New York State Division for Youth (DFY) facility in the absence of a special relationship between the State and the injured person. I respectfully dissent from the majority’s position that it may not.

*263Anthony Sebastian (claimant) was robbed and beaten into unconsciousness by Daniel Chadderdon, who then dragged claimant out of his cab and drove the rear wheel of the cab over claimant’s head and face. Claimant survived but has sustained permanent and…