Legal Opinion
Karczmit v. State
New York Court of Claims
Decided August 27, 1992No. Claim No. 82270PublishedCited by 4 opinions
1Opinion of the Court
*487OPINION OF THE COURT
John L. Bell, J.
In this claim for wrongful death, claimant contends that defendant failed to maintain proper drainage and guide rails adjacent to State Route 172 in the Town of Bedford, Westchester County, and that such failure was a proximate cause of fatal injuries sustained by his wife, Rosemary P. Karczmit, in a motor vehicle accident. Resolving the claim involves numerous factual and legal issues. Ostensibly, certain of the legal issues are matters of first impression.
I. FACTUAL BACKGROUND
On January 5, 1990, Mrs. Karczmit was traveling alone in her 1989 Mazda 626 in…
2Cases cited23 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- Miller v. MillerSupreme Court of North Carolina · 1968
- Barker v. KallashNew York Court of Appeals · 1984
- Amend v. BellWashington Supreme Court · 1977
- Waterson v. General Motors Corp.Supreme Court of New Jersey · 1988
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3Cited by4 opinions
- Ake v. General Motors Corp.District Court, W.D. New York · 1996
- Bunt v. Altec Industries, Inc.District Court, N.D. New York · 1997
- Barnes v. PaulinAppellate Division of the Supreme Court of the State of New York · 2010
- Partman v. Budget Rent-A-Car of Westchester, Inc.Connecticut Superior Court · 1994