Zmieske v. State

Mikoll, J. P.

Appeal from a judgment in favor of the State, entered December 13, 1990, upon a decision of the Court of Claims (McCabe, Jr., J.).

Claimant sued the State for damages resulting from personal injuries sustained on July 23, 1987 when he dove head first into Kinderhook Creek from a bridge spanning the creek owned by the State and located in the Town of Nassau, Rensselaer County. The gravamen of claimant’s claim is that the State was negligent in failing to perform its duty to supervise the performance of reconstruction work on the bridge in violation of Highway Law § 40. It is…