Legal Opinion

Schrempf v. State

New York Court of Appeals

Decided November 19, 1985PublishedCited by 107 opinions

1Opinion of the Court

*291OPINION OF THE COURT

Chief Judge Wachtler.

Claimant’s husband was stabbed and killed by Joseph Evans, a mental patient who had been released from a State institution and was still receiving outpatient care from that facility. In a suit for wrongful death the Court of Claims found the State liable for negligently failing to have the assailant committed as an inpatient sometime prior to the assault. The Appellate Division affirmed, with one justice dissenting.

On this appeal, the State of New York urges that the claim be dismissed for two reasons. First, it argues that the State cannot be held…

2Cases cited42 opinions

  1. De Long v. County of ErieNew York Court of Appeals · 1983
  2. Miller v. State of New YorkNew York Court of Appeals · 1984
  3. Riss v. City of New YorkNew York Court of Appeals · 1968
  4. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  5. Pike v. . HonsingerNew York Court of Appeals · 1898

37 more not listed; retrieve them via the Exa API.

3Cited by107 opinions

  1. Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
  2. Purdy v. Public AdministratorNew York Court of Appeals · 1988
  3. Bailey v. Town of ForksWashington Supreme Court · 1988
  4. Kenavan v. City of New YorkNew York Court of Appeals · 1987
  5. Littleton v. Good Samaritan Hospital & Health CenterOhio Supreme Court · 1988

102 more not listed; retrieve them via the Exa API.

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