Wirth v. State

Appeals (1) from a judgment in favor of claimant Eleanore Wirth, entered December 19, 1988, upon two decisions of the Court of Claims (Quigley, J.), following a bifurcated trial, and (2) from an order of said court, entered January 8, 1990, which denied the State’s motion to settle the record.

At approximately 2:15 p.m. on June 20, 1983, claimant Karl Wirth was operating an automobile in a southerly direction on the Taconic State Parkway in Columbia County when he observed a tractor mower owned by the State approximately 500 feet in front of him. The vehicle was mowing grass on a narrow strip…