Palmeri v. State

In a claim to recover damages for personal injuries, the claimant appeals from a judgment of the Court of Claims (Rossetti, J.), dated October 17, 1991, which, after a nonjury trial on the issue of liability only, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The claimant Joseph Palmeri was injured when he leaned over a parapet railing on the observation deck at Jones Beach State Park, became dizzy and fell over the edge. The claimant filed a claim against the State alleging, inter alia, negligent construction of the deck and railing. Following a trial solely on the…