HIGGINS v. STATE OF NEW YORK


192 A.D.2d 821 (1993)

596 N.Y.S.2d 479

Patrick Higgins, Individually and as Administrator of The Estate of Bryan O. Higgins, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent

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

April 15, 1993


Mikoll, J. P.

Claimant's 20-year-old son, a sophomore attending the State University of New York at Albany, died when he was electrocuted shortly after running into a lake on campus due to the State's conceded negligence in allowing the lake to become charged with electricity. The Court of Claims found that his death by electrocution was not instantaneous. There was evidence that decedent, who was active in...

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