Legal Opinion

Berg v. State

New York Court of Claims

Decided May 24, 1963No. Claim No. 36382PublishedCited by 5 opinions

1Opinion of the CourtSidney Squire, J.

Claimant seeks to recover $100,000 for the conscious pain and suffering and wrongful death of the decedent, Susan Rae Berg.

Brooklyn State Hospital is a facility owned, operated and maintained by the defendant, the State of New York. On November 7, 1958 the decedent, 28 years old, was a patient in Ward 14 thereof. On said date, from 3:00 p.m. to midnight, there were only two of defendant’s employees working in that ward in which there were over 100 mental patients. The two employees were an unnamed supervising nurse and Tina Rose, an attendant. During the immedately preceding tour of duty…

2Cases cited5 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  3. Martindale v. StateNew York Court of Appeals · 1935
  4. Shattuck v. StateNew York Court of Claims · 1938
  5. Martindale v. StateAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by5 opinions

  1. Schechter v. KlanferNew York Court of Appeals · 1971
  2. Dawn VV. v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  3. Kopa v. United StatesDistrict Court, D. Hawaii · 1964
  4. Manginaro v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991
  5. Schechter v. KlanferAppellate Division of the Supreme Court of the State of New York · 1970

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