Legal Opinion

Cutway v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1982No. Claim No. 61522PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

On April 18, 1976, while operating a three-wheeled all-terrain vehicle on State land, claimant sustained severe and permanent injuries to the chest and neck when he struck a five-eighths inch steel cable stretched across the dirt roadway on which he was traveling. Following a trial, the Court of Claims found the State liable, in part, for *407damages to claimant flowing from the accident and for derivative damages to claimant’s wife. The court further found that claimant’s conduct contributed to the accident, apportioning liability 80% to the State and 20% to…

2Cases cited4 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Curtiss v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 1980
  3. Rock v. Concrete Materials, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  4. Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by6 opinions

  1. Mattison v. Hudson Falls Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  2. Hummel v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1989
  3. Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  4. Keith Larini and Sally Larini v. Biomass Industries, Inc.Court of Appeals for the Second Circuit · 1990
  5. O'Keefe v. StateAppellate Division of the Supreme Court of the State of New York · 1984

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