Fairbairn v. State

— Appeal from an interlocutory judgment in favor of claimants on the issue of liability, entered October 3,1983, upon a decision of the Court of Claims (Hanifin, J.).

On June 18, 1977, claimants and their infant son were fishing at a pond in the Town of Middletown, Delaware County. The infant was severely burned when a canister he had found floating in the pond exploded while he was playing with it. The canister contained lithium aluminum hydride, a combustible chemical used to manufacture phencyclidine, a controlled substance (see Penal Law, § 220.00, subd 5; Public Health Law, § 3306,…