Bailey v. State

Appeal from a judgment in favor of claimants on the issue of liability, entered December 14, 1988, upon a decision of the Court of Claims (Lyons, J.), following a bifurcated trial.

This claim results from a moped (motorized bicycle) accident which occurred at approximately 3:30 p.m. on May 29, 1985. It was a clear dry day and claimant John H. Bailey, Sr. (hereinafter claimant) was operating his moped in a southerly direction on State Route 146 in Saratoga County where a highway repaving project was in progress, although no work was being done at the time of the accident. At the point where the…