FLACK v. STATE


57 A.D.3d 1199 (2008)

870 N.Y.S.2d 500

WENDY FLACK et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

December 18, 2008.


Stein, J.

Claimant Wendy Flack (hereinafter claimant) sustained serious injuries in an automobile accident when the vehicle driven by State Trooper Michael Kijowski fishtailed out of control while he was driving in excess of 80 miles per hour, and spun 180 degrees into the opposite lane of oncoming traffic, hitting the car in which claimant was a passenger. Following a bench trial, the Court of Claims dismissed the claim, after determining that defendant was entitled...

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