Smith v. State

Judgment unanimously affirmed, without costs. Memorandum: At the close of claimant’s direct case, the State moved to dismiss for claimant’s failure to *1002prove a prima facie case and the court reserved decision. When the trial was completed, the court granted the State’s motion and dismissed claimant’s claim. We affirm, but for a different reason from that relied upon by the trial court. H Claimant was injured when the car in which she was riding as a passenger failed to negotiate a curve on a State highway. She contended that the State’s failure to post a proper curve sign was the proximate…