O'Connor v. State

Mahoney, P. J. (dissenting).

While we agree with the majority that the Court of Claims properly found that the State was negligent and that such negligence was the proximate cause of decedent’s damages, we cannot agree with the apportionment of culpable conduct. In the prior Supreme Court action, the jury found that the proportion of culpable conduct which caused the damages which was attributable to decedent *126was 60%. When the action in the Court of Claims then went to trial, claimant was collaterally estopped from attempting to prove that decedent’s share of culpable conduct was less than…