Stanton v. State

Memorandum. We affirm for the reasons stated in the majority opinion at the Appellate Division. We merely add the following to amplify our determination.

Appellant in this action seeks a recovery against the State on the theory that the alleged negligence of a State trooper resulted in the death of her husband. While it is most unfortunate that bystanders are sometimes innocently involved and injured by the police in the performance of their duties, such emotional and understandable human considerations are not a substitute for proof of negligence. The trooper in the instant case was engaged…