Legal Opinion
Flannery v. State
New York Court of Claims
Decided October 5, 1977No. Motion No. M-19747PublishedCited by 3 opinions
1Opinion of the CourtGerard M. Weisberg, J.
This is an application for permission to file a late claim pursuant to subdivision 6 of section 10 of the Court of Claims Act.
The claim is for conscious pain and suffering and wrongful death, arising out of the alleged murder of movant’s decedent, John Flannery, by Kenneth Watson, a former mental patient in various institutions including Bellevue Hospital and Rock-land State Hospital. Liability is predicated on the theory that the State, by its agents, was negligent in releasing and/or permitting the escape of Kenneth Watson, a person known to be dangerous, and that this negligence was the…
2Cases cited17 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- St. George v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- St. George v. StateNew York Court of Appeals · 1954
- Dunn v. State of New YorkNew York Court of Appeals · 1971
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3Cited by3 opinions
- Ott v. BarashAppellate Division of the Supreme Court of the State of New York · 1985
- Weingarten v. StateNew York Court of Claims · 1978
- Frederick v. StateNew York Court of Claims · 2009