Legal Opinion

Buskey v. State

New York Court of Claims

Decided November 18, 1993No. Claim No. 78117Published

1Opinion of the Court

OPINION OF THE COURT

Frank S. Rossetti, J.

This wrongful death claim arises from a "crossover” automobile accident on the Southern State Parkway (S.S.P.) in Massapequa, Town of Oyster Bay, Nassau County. Claimant contends a proximate cause of the accident was negligence of the State in not having a median barrier in the relevant area.

On February 27, 1988, at about 9:25 A.M., Winnion Buskey was driving westbound on the S.S.P. between the Hicksville Road and Seaford-Oyster Bay (State Route 135) exits. In this area the S.S.P. had three lanes in each direction separated by a grass median of varying…

2Cases cited7 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Alexander v. EldredNew York Court of Appeals · 1984
  3. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  4. Rittenhouse v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  5. Gillooly v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1990

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