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The plaintiff’s mother plunged down an embankment after skidding on wet pavement. The 29 year old mother sustained a serious brain injury and lapsed into a coma for approximately five months. She died shortly after giving birth to her daughter, who sustained injuries in utero, resulting in permanent impairment.
The State of New York argued that the cause of the accident was negligent driving by the plaintiff's mother. However, the Court of Claims agreed with arguments by the Beltz firm that the State of New York was responsible for failing to maintain a guardrail that consisted of cable strung between concrete posts and that if it had been properly maintained the accident would not have happened. This failure violated the State’s own standards.
This case is also noteworthy because the finding of liability that was entered in the suit by the mother against the State was held to prevent the State of New York from attempting to relitigate the question of fault in the child's suit. Damages for the child were then set at $9,994,741 for past and future damages, a finding that was not disturbed on appeal.
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