Legal Opinion

Tolliver v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 2015Published

1Opinion of the CourtGarry, J.

Appeal from a judgment of the Court of Claims (McCarthy, J.), entered January 15, 2014, upon a decision of the court in favor of defendant.

Claimant, an inmate, commenced this action seeking damages for injuries he sustained when he fell on a prison stairway. Claimant contends that his fall was caused by defendant’s negligent failure to make appropriate accommodations for his preexisting leg injury. The Court of Claims dismissed the claim following a bifurcated trial on the issue of liability. Claimant appeals, and we affirm.

After being transferred to the Clinton Correctional Facility in…

2Cases cited3 opinions

  1. Wood v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  2. Knight v. StateAppellate Division of the Supreme Court of the State of New York · 2015
  3. Myers v. StateAppellate Division of the Supreme Court of the State of New York · 2007

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