Hamilton v. State

OPINION OF THE COURT

John P. Lane, J.

This claim arose on the afternoon of August 5, 1992 when Robert Hamilton was struck in front of his home on defendant’s Route 75 by a pickup truck driven by Angelo Palleschi. The trial was bifurcated and this decision is limited to liability issues.

Claimant’s home was located on the inside of a curve on the east side of Route 75 about .3 of a mile north of Schintzius Road, a rural area in the Town of Eden.1 His garage was on the west side of the road opposite his driveway. The area speed limit was 55 miles per hour; a warning sign advising a speed of 40…