Pensabene v. State

Appeal from a judgment of the Court of Claims (Collins, J.), entered November 15, 2004, upon a decision of the court following a bifurcated trial in favor of defendant on the issue of liability.

This action arises out of an automobile accident that occurred where State Route 9 intersects with Malta Avenue and Malta Avenue Extension in the Town of Malta, Saratoga County. Laurie A. Herman, traveling south on Route 9, attempted a left turn onto Malta Avenue Extension and was struck by a northbound vehicle resulting in catastrophic injuries to herself and minor injuries to her infant son, a rear…