HART v. STATE OF NEW YORK


43 A.D.3d 524 (2007)

840 N.Y.S.2d 468

TERESA C. HART, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 1.) MAUREEN HART, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 2.)

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

Decided August 2, 2007.


Kane, J.

One morning in December 1997, claimant Teresa C. Hart was driving on the Taconic State Parkway with her daughter, claimant Maureen Hart, as a passenger. As the road began to curve near a rock cut area, an area where a rock formation was blasted when the road was originally created, their car slid across the road and into the median, where the car hit a culvert and rolled over twice. Defendant's highway maintenance supervisor, Wayne Shutts, was patrolling...

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