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GREGWARE v. STATE

60 A.D.2d 659 (1977)

Edna M. Gregware, as Administratrix of The Estate of John H. Gregware, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 53061.) Edna M. Gregware, Appellant, v. State of New York, Respondent. (Claim No. 53062.) Marjorie L. Scully, as Administratrix of The Estate of John T. Gregware, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 53063.) John D. Gregware, an Infant, by His Guardian, Marjorie L. Scully, Appellant, v. State of New York, Respondent. (Claim No. 53064.)

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

December 1, 1977

These claims are for damages for wrongful deaths and personal injuries sustained by the occupants and driver of an automobile operated by John H. Gregware on October 26, 1968 when the automobile failed to negotiate a right-hand curve and crossed over into the opposing traffic lane, colliding with a tractor trailer. Damages were sought on the theory that the State had negligently designed the highway (Route 30) at the curve and thereby proximately caused the accident. The...

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