Killeen v. State

Weinstein, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum, in which Mangano, J. P., concurs: In my view, claimants have failed to demonstrate by a preponderance of the credible evidence that the alleged negligence of the State was the proximate cause of Kevin Killeen’s injuries. Contrary to the majority’s finding that the accident was foreseeable, the State could not have reasonably perceived that Kevin would accidentally cause a pot of boiling water to topple over and injure himself, particularly since the pot had not been placed in front of him. As…