BARNEVELD v. STATE


35 A.D.2d 900 (1970)

Claire Van Barneveld, as Administratrix of The Estate of Siemen Van Barneveld, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 48076.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 30, 1970


The trial court, absent any supporting medical testimony, concluded that the decedent, a non-ambulatory patient, was the victim of an "unusual vicious assault" and that the State was responsible for this due to a failure of proper custody and supervision. We can find no basis in the instant record to support the trial court's determination of liability on the part of the State. The State is responsible "only for hazards reasonably to be foreseen, only for risks reasonably...

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