San Giacomo v. State

Judgment unanimously affirmed, without costs. Memorandum: Claimant alleges that the State was negligent in failing to warn against and remove rocks, stones and boulders from the swimming area of Delta Lake where he was injured when he fell into the lake striking rocks at the lake bottom. The trial court found that the accident occurred in shallow water, and that there were no rocks or stones in the area that would be of danger to a person utilizing the swimming area. Claimant, two of his companions and an attorney, who was at the scene of the accident, testified that there were rocks in the…