Legal Opinion

Ball v. State

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

Decided May 9, 2013Published

1Opinion of the CourtRose, J.

Appeal from a judgment of the Court of Claims (Milano, J.), entered January 6, 2012, upon a decision of the court in favor of defendant.

Claimant Frederick L. Ball (hereinafter claimant) was severely injured as a result of a one-vehicle motorcycle accident. On a clear, dry afternoon, while traveling on a straight, flat state road with his grandson as a passenger, claimant drove off the right side of the roadway and struck a tree located 10 feet from the edge of the pavement. Claimants commenced this action alleging, among other things, that defendant’s negligence in designing, constructing and…

2Cases cited11 opinions

  1. Bernstein v. City of New YorkNew York Court of Appeals · 1987
  2. Shon v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  3. Burton v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. Brooks v. New York State Thruway AuthorityNew York Court of Appeals · 1980
  5. McKee v. StateAppellate Division of the Supreme Court of the State of New York · 2010

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