Legal Opinion
Bernard v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2006No. Claim No. 102988PublishedCited by 5 opinions
1Opinion of the CourtMugglin, J.
Cross appeals from a judgment of the Court of Claims (Collins, J.), entered May 2, 2005, upon a decision of the court following a bifurcated trial which apportioned liability equally between the parties.
On January 5, 2000, at Twin Valleys Outdoor Education Center in Wadhams, Essex County, correctional officer Randy Welch and a crew of inmates, including claimant, arrived from the Moriah Shock Incarceration Correctional Facility to perform logging operations. The temperature at the time was below freezing and rain and/or sleet was falling. Typically, the inmates were used to remove previously…
2Cases cited10 opinions
- Kandrach v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Martinez v. StateAppellate Division of the Supreme Court of the State of New York · 1996
- Muhammad v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Carter v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Hicks v. StateAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by5 opinions
- Covington v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Rosa v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Havens v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of State of New York v. Jesus H.Appellate Division of the Supreme Court of the State of New York · 2019
- Smiley v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020