Wingerter v. State

Herlihy, J. (dissenting).

The accident in question occurred on March 13, 1970 at about 7:00 a.m. on Route 17, also known as the Quick-way. The road was constructed in the 1950’s and was a multiple-lane highway, two lanes going east and three lanes going west separated by a grass mall. The accident happened on that part of the highway which goes through the Catskill Mountains and the decedent’s vehicle was proceeding in an easterly direction and descending a long winding hill and curve. The Court of Claims found, inter alia, that at the time of the accident the decedent was operating his…