Duntley v. State

—Carpinello, J.

Appeal from a judgment of the Court of Claims (Bell, J.), entered December 28, 1998, upon a decision of the court in favor of the State.

Claimant commenced this negligence claim to recover damages for personal injuries sustained after he fell while allegedly performing a field sobriety test at the direction of a State Trooper. Following a nonjury trial, the Court of Claims dismissed the claim resulting in this appeal.

*704We affirm. The record provides ample support for the Court of Claims’ finding that claimant, admittedly “highly intoxicated”, fell while standing with his feet…