On May 22, 1985 claimant Harry E. Hearn (hereinafter claimant) was injured on his way home from work when a moped he was driving on the shoulder of State Route 146 in the Town of Clifton Park, Saratoga County, tipped over. The accident happened in an area under reconstruction. Claimant thereafter commenced this action alleging that the State was negligent in many respects. Following a trial with both sides producing expert testimony in support...
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