Legal Opinion

Parmerter v. State

New York Court of Claims

Decided March 29, 2012No. Claim No. 111564; Claim No. 111691Published

1Opinion of the Court

OPINION OF THE COURT

Michael E. Hudson, J.

Defendant has moved for summary judgment dismissing each of the above claims.1 Claimants have cross-moved for summary judgment. On consideration, the motion and cross motion will be denied.

The above claims arise from the deaths of Shannon Parmerter and John H. Mattia on the early morning of May 1, 2004, after socializing together at several bars or clubs.2 It is alleged that the decedents died after they traveled northbound3 on Fuhrmann Boulevard in the City of Buffalo in Mr. Mattia’s vehicle, *642and failed to negotiate a 90-degree right turn as a section…

2Cases cited22 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  4. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  5. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979

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