Johnson v. State of New York

Appeal and cross appeal from a judgment of the Court of Claims (Diane L. Fitzpatrick, J), entered January 5, 2005. The judgment, inter alia, awarded damages to claimant for the wrongful death of her husband, Jeffrey Alan Healey.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the amended claim is dismissed.

Memorandum: Claimant commenced this wrongful death action arising from a motor vehicle accident in which her husband (decedent) was killed. The evidence presented at the trial on liability establishes that…