Legal Opinion

Church v. Callanan Industries, Inc.

New York Court of Appeals

Decided November 19, 2002PublishedCited by 248 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Plaintiff Ned Church, age nine, received catastrophic spinal injuries December 26, 1992, when the driver of a Volkswagen Jetta in which he was a rear seat occupant fell asleep at the wheel. The vehicle veered off the southbound traffic portion of the New York State Thruway near milepost marker 132.7, careened down a nontraversable embankment and crashed in a V-shaped ditch at the bottom. The Thruway site where the vehicle left the highway was within a 22-mile resurfacing and safety-improving project, which was completed in 1986 pursuant to an agreement between…

2Cases cited8 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  3. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  4. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  5. Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990

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3Cited by248 opinions

  1. Fung v. Japan Airlines Co.New York Court of Appeals · 2007
  2. Stiver v. Good & Fair Carting & Moving, Inc.New York Court of Appeals · 2007
  3. Gonzalez v. CaballeroDistrict Court, S.D. New York · 2008
  4. Brothers v. New York State Electric & Gas Corp.New York Court of Appeals · 2008
  5. Gadani v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

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