JOHNSON v. STATE


27 A.D.3d 1061 (2006)

811 N.Y.S.2d 850

AMANDA HEALEY JOHNSON, as Administratrix of the Estate of JEFFREY ALAN HEALEY, Deceased, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 98766.)

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

March 17, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the amended claim is dismissed.

Memorandum:

Claimant commenced this wrongful death action arising from a motor vehicle accident in which her husband (decedent) was killed. The evidence presented at the trial on liability establishes that the second vehicle involved in the collision entered decedent's lane of travel, resulting...

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