Pessin v. State

ORDER ON REHEARING

Sommer, C.J.

This cause returns on Claimants’ petition for rehearing following the opinion of this Court entered on October 27, 1995. Claimants’ petition was argued before the full Court on November 12, 1996, after having been scheduled on previous occasions which were inconvenient for one or more of the parties.

This Court’s opinion set forth the elements which were Claimants’ burden to prove in order to sustain this claim:

“A Claimant is required to prove by a preponderance of the evidence that a defect or hazardous condition existed at the site of the accident; that the…