Legal Opinion

Cottingham v. State

New York Court of Claims

Decided November 19, 1999No. Claim No. 92888PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

John L. Bell, J.

Claimant David J. Cottingham (hereinafter claimant), upon experiencing operational difficulties with the tractor-trailer that he was driving southbound on Interstate Route 87 in the Town of Ulster, Ulster County, New York, on February 9, 1994, about 10:00 p.m., parked the vehicle on the shoulder of the highway, exited the vehicle and was thereafter struck by defendant’s snowplow. Defendant, relying upon McDonald v State of New York (176 Misc 2d 130), in which the court, construing Vehicle and Traffic Law § 1103 (b), held that an operator of a snowplow…

2Cases cited27 opinions

  1. Szczerbiak v. PilatNew York Court of Appeals · 1997
  2. Saarinen v. KerrNew York Court of Appeals · 1994
  3. Campbell v. City of ElmiraNew York Court of Appeals · 1994
  4. Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
  5. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942

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3Cited by4 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Riley v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Gawelko v. StateNew York Court of Claims · 2000
  4. New York State Electric & Gas Corp. v. StateNew York Court of Claims · 2002

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