Legal Opinion

Williams v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2011PublishedCited by 1 opinion

1Opinion of the Court

Judgment of the Court of Claims of the State of New York (Alan C. Marin, J.), entered June 10, 2009, after a nonjury trial, *413dismissing the claim, reversed, on the law and the facts, without costs, the claim reinstated, liability on the part of the State is found, and the matter remanded for a trial on the issue of damages.

The issue in this case is proximate cause: Where defendant allows a voluntary mental patient to “elope” from its facility, can that defendant be liable for an assault that the patient perpetrates two years later? Given the extensive history of extreme and consistent violence…

2Cases cited14 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Miller v. State of New YorkNew York Court of Appeals · 1984
  3. Schrempf v. StateNew York Court of Appeals · 1985
  4. Lynch v. Bay Ridge Obstetrical & Gynecological AssociatesNew York Court of Appeals · 1988
  5. Marilyn S. v. City of New YorkNew York Court of Appeals · 1989

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3Cited by1 opinion

  1. Fox v. MarshallAppellate Division of the Supreme Court of the State of New York · 2011

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