Legal Opinion
Phelan v. State
New York Court of Claims
Decided June 29, 2005No. Claim No. 105128PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Judith A. Hard, J.
Claimant Kevin J. Phelan brings this negligence claim for the *153wrongful death of his former spouse, Nancy Phelan (hereinafter decedent).1 The claim alleges that decedent, who was not wearing a helmet, rode her bicycle over a depression in a road in Thompson Lake State Park, lost her balance and fell, striking her head on the road. She was dead within five minutes. It is alleged that the death occurred as a result of defendant’s negligence in the design, construction, maintenance, and repair of the road where the accident happened. As a result of this…
2Cases cited54 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Morgan v. StateNew York Court of Appeals · 1997
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. WesleyNew York Court of Appeals · 1994
- Bovsun v. SanperiNew York Court of Appeals · 1984
49 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kentucky River Medical Center v. McIntoshKentucky Supreme Court · 2010
- Dick's Sporting Goods, Inc. v. WebbKentucky Supreme Court · 2013
- Corwin v. NYC Bike Share, LLCDistrict Court, S.D. New York · 2017
- Buckley v. StateNew York Court of Claims · 2011
- Kentucky River Medical Center v. McIntoshKentucky Supreme Court · 2010