MOSHER v. STATE


145 A.D.2d 682 (1988)

Todd A. Mosher, Appellant, v. State of New York, Respondent

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

December 1, 1988


Yesawich, Jr., J.

Claimant was grievously injured when he ran down a beach and into a gradually downward-sloping sand-bottom swimming area at Gilbert Lake State Park in Otsego County up to a depth of 18 to 24 inches where he dove in. Shortly upon entering the water he hit something hard with his head, causing a lot of pain to his neck; the accident rendered claimant a quadriplegic, with no use of his legs and only 20% to 30% normal functioning of his...

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