Legal Opinion

Simmen v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1981No. Claim No. 59476PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Kane, J. P.

Claimants were injured when the automobile in which they were riding was struck by a vehicle being pursued by a State trooper. The sole issue on this appeal is whether the actions of the trooper were negligent and a proximate cause of their injuries.

The events leading up to this tragic occurrence are not in substantial dispute.

*399At about 1:00 A.M. on Monday, July 23, 1973, a State Police vehicle operated by Trooper Francis A. DiNuzzo was proceeding northerly on the Albany-Shaker Road near its intersection with New York State Route 7, a four-lane highway. He was on…

2Cases cited4 opinions

  1. Selkowitz v. County of NassauNew York Court of Appeals · 1978
  2. Stanton v. StateNew York Court of Appeals · 1970
  3. Stanton v. StateAppellate Division of the Supreme Court of the State of New York · 1967
  4. Strobel v. StateAppellate Division of the Supreme Court of the State of New York · 1971

3Cited by16 opinions

  1. Boyer v. StateCourt of Appeals of Maryland · 1991
  2. Dent v. City of Dallas, Texas Court of Appeals, 5th District (Dallas)1986
  3. Mitchell v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  4. Palella v. StateAppellate Division of the Supreme Court of the State of New York · 1988
  5. Kerwin v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1987

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