Legal Opinion
Wingerter v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1980No. Claim No. 54724PublishedCited by 11 opinions
1Opinion of the Court
Cross appeals from a judgment in favor of claimant, entered December 13, 1978, upon a decision of the Court of Claims. At approximately 7:00 a.m. on March 13, 1970, one Peter Wingerter, age 44, was killed when the tractor trailer he was driving left the paved portion of New York State Route 17 in Wurtsboro, New York, and plummeted down a 60-foot embankment striking a tree. Route 17 is a four-lane limited access highway with a grass mall separating the east and westbound lanes, and it was concededly wet and slushy when the mishap occurred. Just prior to the accident, decedent had proceeded…
2Cases cited5 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Wragge v. Lizza Asphalt Construction Co.New York Court of Appeals · 1966
- Hicks v. State of New YorkNew York Court of Appeals · 1958
- Brock v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Fisher v. StateAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by11 opinions
- Arteaga v. State of New YorkNew York Court of Appeals · 1988
- Merrill Transport Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1983
- Rooney v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Ufnal v. Cattaraugus CountyAppellate Division of the Supreme Court of the State of New York · 1983
- Schichler v. StateAppellate Division of the Supreme Court of the State of New York · 1985
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