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JOHNSON v. STATE OF NY

174 Misc.2d 193 (1997)

663 N.Y.S.2d 790

Mary A. Johnson, Individually and as Administratrix of The Estate of Timothy P. Johnson, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 89486.)

Court of Claims.

September 4, 1997

Attorney(s) appearing for the Case

Cade & Saunders, P. C. (William J. Cade and Robert A. Murphy of counsel), for claimant. Dennis C. Vacco, Attorney-General (Dennis M. Acton of counsel), for defendant.

JAMES P. KING, J.

This is an action for wrongful death and conscious pain and suffering. Trial of the action was bifurcated, and this decision relates only to the issue of liability.

On March 20, 1993, at approximately 7:30 P.M., Timothy P. Johnson and a companion were traveling in a Chevrolet pick-up truck westbound on Route 23B, a two-lane highway in the Town of Greenport. Near County Route 29 (also...

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