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Donald v. State

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1990
158 A.D.2d 366 (N.Y. App. Div. 1990)

Opinion

February 15, 1990

Appeal from the Court of Claims (Adolph Orlando, J.).


In this action where the claimant suffered serious eye injury in a second altercation with a fellow patient, the court failed to find any lack of staff supervision or State negligence contributing to the injury. From the evidence presented at trial, it was established that the injuries were the result of a sudden incident, which closer supervision might not have prevented. (Carlino v State of New York, 30 A.D.2d 987 [3d Dept 1968].) Considering the nature of the program involved and its rehabilitative purpose, no liability or negligence should attach to the State under these circumstances. (Seavy v State of New York, 21 A.D.2d 445 [4th Dept 1964], affd 17 N.Y.2d 675.)

Concur — Ross, J.P., Milonas, Kassal and Smith, JJ.


Summaries of

Donald v. State

Appellate Division of the Supreme Court of New York, First Department
Feb 15, 1990
158 A.D.2d 366 (N.Y. App. Div. 1990)
Case details for

Donald v. State

Case Details

Full title:RAUL DONALD, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 15, 1990

Citations

158 A.D.2d 366 (N.Y. App. Div. 1990)
550 N.Y.S.2d 899

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