Backman v. State

— Judgment unanimously affirmed, without costs. Memorandum: Claimant commenced this negligence action alleging that the State’s failure properly to inspect and maintain a public highway proximately caused the accident in which he sustained serious physical injuries. Following a trial on the issue of liability only, the Court of Claims determined that the State was negligent and also that claimant was contributorily negligent. Accordingly, the claim was dismissed. Claimant maintains on appeal that the court’s finding of contributory negligence is contrary to the weight of the evidence. The…