Judgment reversed, on the law, and matter remitted to the Court of Claims for entry of a judgment in favor of claimants on the issue of liability, and for an assessment of damages.
The facts are not in dispute. Kevin Killeen had been diagnosed as suffering from severe mental retardation due to encephalopathy, with a maximum mental age of four years and one month. Throughout his life he had been placed in various institutions and programs for the mentally disturbed...
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