OSBORNE v. STATE


78 A.D.2d 731 (1980)

Richard W. Osborne, Appellant, v. State of New York, Respondent. (Claim No. 62218.)

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

October 16, 1980


This is an action to recover for personal injuries sustained by claimant on April 5, 1978 when the tractor trailer being operated by him went off the highway. He maintains that the accident and resultant injuries were due to the negligence of the State in failing to notify him of the heaved and disturbed condition of the highway which caused him to lose control of the vehicle. After trial, the court dismissed the claim on the grounds that claimant failed to sustain his burden...

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