CHRISTIE v. STATE


149 A.D.2d 958 (1989)

Joseph Christie et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 68846.)

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

April 14, 1989


Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

The court erred in finding claimant Joseph Christie contributorily negligent. In our view, the evidence does not support a finding that claimant operated his vehicle so closely behind the tractor trailer which struck the overhead bridge that it constituted an unreasonable and improvident operation of the vehicle (see, Vehicle and Traffic...

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