Legal Opinion
Killeen v. State
Appellate Division of the Supreme Court of the State of New York
Decided September 10, 1984PublishedCited by 5 opinions
1Opinion of the Court
— In a claim to recover damages for personal injuries due to the alleged negligence of the State of New York, claimants appeal from a judgment of the Court of Claims (Rossetti, J.), entered November 23,1983, which dismissed the claim at the close of trial.
Judgment reversed, on the law, and matter remitted to the Court of Claims for entry of a judgment in favor of claimants on the issue of liability, and for an assessment of damages.
The facts are not in dispute. Kevin Killeen had been diagnosed as suffering from severe mental retardation due to encephalopathy, with a maximum mental age of four…
2Cases cited8 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
- Comiskey v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Zajaczkowski v. StateNew York Court of Claims · 1947
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3Cited by5 opinions
- Harris v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Greenfield v. StateNew York Court of Claims · 1985
- Savastano v. NurnbergNew York Supreme Court · 1987
- Killeen v. StateAppellate Division of the Supreme Court of the State of New York · 1986
- Killeen v. StateAppellate Division of the Supreme Court of the State of New York · 1986