MENTER v. BILZ


92 A.D.2d 1015 (1983)

Samuel Menter, as Administrator of The Estate of Lena Menter, Deceased, Appellant, v. David A. Bilz, Jr., et al., Defendants, and Elvin West, as Deputy Sheriff of Tompkins County, Respondent

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

March 10, 1983


At approximately 9:20 P.M. on December 14, 1979, plaintiff's intestate was a passenger in an automobile operated by her daughter Joan Johnson, which while traveling south on New York State Routes Nos. 34 and 96, struck and killed a deer. After the accident Mrs. Johnson parked the car on the easterly shoulder approximately 10 feet from the edge of the highway. She turned off the car's headlights and illuminated the vehicle's flasher lights. Deputy Sheriff West of Tompkins...

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