Winje v. Cavalry Veterans of Syracuse, Inc.

Memorandum: While driving her vehicle at about 11:30 one evening, plaintiff came upon an object in the roadway. *1028She unsuccessfully swerved to avoid the object and upon striking it, believed it might have been an animal or person. She pulled her car to the side of the road, went back to observe the object and then saw the decapitated body of a man. Plaintiff has been under medical care receiving psychotherapy since this incident. Plaintiff commenced the instant action to recover damages under the Dram Shop Act (General Obligations Law § 11-101) for, inter alia, emotional and psychological…