Legal Opinion
Tabone v. State
New York Court of Claims
Decided November 23, 1982No. Claim No. 61242PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, J.
The claimant, David Tabone, seeks to recover damages for personal injuries sustained on July 14, 1976, when he *865was severely burned during a training exercise at the Genesee County Fire Training Center in Batavia, New York.1 Liability is predicated on the State’s negligence in providing claimant with an appliance that was unsafe for its intended use.
FACTUAL BACKGROUND
At the time of the accident, the claimant was employed, as a fireman2 by the City of Batavia and was enrolled in a class known as “Essentials , of Firemanship”. The class, which was planned,…
2Cases cited15 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Pulka v. EdelmanNew York Court of Appeals · 1976
- White v. GuarenteNew York Court of Appeals · 1977
- Gross v. SweetNew York Court of Appeals · 1979
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
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3Cited by5 opinions
- Martell v. Boardwalk Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
- Martell v. Boardwalk Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
- Yarborough v. City University of New YorkNew York Court of Claims · 1987
- Penzell v. StateNew York Court of Claims · 1983
- Nelson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1997