Legal Opinion

Higgins v. State

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

Decided April 15, 1993PublishedCited by 7 opinions

1Opinion of the Court

Mikoll, J. P.

Cross appeals from a judgment in favor of claimant, entered November 14, 1991, upon a decision of the Court of Claims (Lyons, J.).

Claimant’s 20-year-old son, a sophomore attending the State University of New York at Albany, died when he was electrocuted shortly after running into a lake on campus due to the State’s conceded negligence in allowing the lake to become charged with electricity. The Court of Claims found that his death by electrocution was not instantaneous. There was evidence that decedent, who was active in sports and in excellent physical condition, was shocked by…

2Cases cited5 opinions

  1. Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
  2. Regan v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1987
  3. Grcic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  4. Cassar v. Central Hudson Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Pollock v. CollippAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by7 opinions

  1. Lang v. BoujuAppellate Division of the Supreme Court of the State of New York · 1997
  2. McDavid v. United StatesWest Virginia Supreme Court · 2003
  3. Donofrio v. MontalbanoAppellate Division of the Supreme Court of the State of New York · 1997
  4. Abruzzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  5. Miller v. SantoroAppellate Division of the Supreme Court of the State of New York · 1996

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