D'Alessio v. State

Appeal from a judgment in favor of claimant, entered April 21, 1988, upon a decision of the Court of Claims (Lyons, J.).

The issue herein is whether a preponderance of the evi*792dence supports the finding by the Court of Claims that the State breached its duty to exercise reasonable care in the maintenance of State Route 212 at its intersection with Fish Creek Road, and whether the breach was a proximate cause of the accident. We hold that it does.

Claimant was injured as a result of a one-vehicle accident occurring on July 7, 1984 when the van she was driving east on Route 212 in the vicinity of…