Bliss v. State

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by denying defendants’ motion for summary *913judgment and remitting to the Court of Claims for further proceedings in accordance with this memorandum, and as so modified, affirmed.

Claimant George Bliss brought this personal injury action, arising out of an October 20, 1995 accident caused by a New York State Thruway Authority (NYSTA) truck driven by John Lawler. The Court of Claims granted defendants’ motion for summary judgment, holding that a recklessness standard applied because the truck was…