Hough v. State

203 A.D.2d 736, 610 N.Y.S.2d 659, 1994 N.Y. App. Div. LEXIS 4113
Appellate Division of the Supreme Court of the State of New York·Decided April 21, 1994·Published·Cited by 13 cases

Opinion

Weiss, J.

Appeal from a judgment in favor of the State, entered August 28, 1992, upon a decision of the Court of Claims (Lyons, J.).

On April 27, 1987, an accident occurred on State Route 9H at its intersection with County Route 29 and a town road known as Stone Mill Road in the Town of Claverack, Columbia County. Route 9H ran generally north and south curving easterly and Route 29 and Stone Mill Road both merged into Route 9H from the west at opposing oblique angles, forming an extended letter "K” at the intersection. Claimant Tami L. Hough (hereinafter claimant) was operating an automobile leased by Reginald Hough from Key Capital Corporation in a northerly direction on Route 9H and stopped in the northbound of its two lanes while preparing to make a left hand turn onto Route 29. Hough was in the front passenger seat and five children were in the rear seat. Claimant’s car was struck from behind by a northbound tractor trailer owned by James Collingwood and operated by James Hicks, causing the car to overturn and come to rest in the southbound lane of Route 9H. A truck owned by Otego Fuel Services, Inc. and being operated by Dale Bulbs in the southbound lane of Route 9H then struck claimant’s car and four of the children who had been ejected, killing two and grievously injuring two others. Claims were filed by claimant and on behalf of the infant children against the State for the personal injuries and wrongful deaths, alleging that the State was negligent in the design, construction and maintenance of the intersection. Following a trial, the Court of Claims ultimately found that the State was not negligent and granted judgment dismissing the claims.

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Hough v. State, 203 A.D.2d 736, 610 N.Y.S.2d 659, 1994 N.Y. App. Div. LEXIS 4113 (N.Y. Ct. App. 1994).

203 A.D.2d 736 (Hough v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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