Clark v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Claimant was seriously injured in a one-car accident which occurred in the early morning hours of September 25, 1981 when her vehicle left the highway at a curve on State Route 41 in Cortland County, traveled some 200 feet and struck the ramp-end of a guardrail. Upon impact, the ramp-end piece of the guardrail fractured and the exposed horizontal member of the rail impaled the vehicle through the passenger compartment, causing severe lacerations and fractures to the lower half of claimant’s body.
The Court of Claims rejected claimant’s theory of recovery that her deviation from the roadway was…
2Cases cited6 opinions
- Bottalico v. State of NYNew York Court of Appeals · 1983
- Terry v. StateAppellate Division of the Supreme Court of the State of New York · 1981
- Wood v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Bottalico v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Ellison v. New York City Transit AuthorityNew York Court of Appeals · 1984
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3Cited by8 opinions
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- Roach v. SzatkoAppellate Division of the Supreme Court of the State of New York · 1997
- Elliott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
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