Legal Opinion
Wingerter v. State
New York Court of Appeals
Decided February 8, 1983No. Claim 54724PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
In this wrongful death action, brought on the theory that the State was negligent in designing, constructing and maintaining a highway, it cannot be said as a matter of law that the findings on negligence and causation made by the Court of Claims and affirmed by the Appellate Division are not supported by the record as a whole (see Padula v State of New York, 48 NY2d 366, 371). All the more is this so since “in a death case a plaintiff is not…
2Cases cited2 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Padula v. State of New YorkNew York Court of Appeals · 1979
3Cited by21 opinions
- Arteaga v. State of New YorkNew York Court of Appeals · 1988
- V.C. v. M.J.B.Supreme Court of New Jersey · 2000
- Watkins v. NelsonSupreme Court of New Jersey · 2000
- McDermott v. DoughertyCourt of Appeals of Maryland · 2005
- Merrill Transport Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1983
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