Guzov v. State

In a claim to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Lack, J.), dated August 3, 2006, which, after a nonjury trial on the issue of liability, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

On August 5, 2001 the claimant’s decedent was killed when he drove his vehicle off a segment of Route 27A, also known as Montauk Highway, in Bay Shore and struck boulders that had been placed approximately 15 feet from the outer edge of the paved highway. The boulders had been placed there no later than 1986 by the then owner…