Saila v. State

— Judgment unanimously reversed on the law without costs, judgment granted in favor of claimant and matter remitted to Court of Claims for a trial on damages only in accordance with the following Memorandum: Although it found that the State was negligent in failing to keep stairs at Roswell Park Memorial Institute in proper repair, the Court of Claims, following a bifurcated trial, dismissed the claim based upon its determination that claimant’s inattentiveness and failure to observe the obvious condition was the superseding proximate cause of her injuries. We conclude that the evidence was…