Thall v. State

Appellate Division of the Supreme Court of New York

Thall v. State

42 A.D.2d 622, 344 N.Y.S.2d 453, 1973 N.Y. App. Div. LEXIS 4230

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 1973

DocketClaim No. 51680

StatusPublished

Cited by5 cases

This text of 42 A.D.2d 622 (Thall v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thall v. State, 42 A.D.2d 622, 344 N.Y.S.2d 453, 1973 N.Y. App. Div. LEXIS 4230 (N.Y. Ct. App. 1973).

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Opinion

— Appeal from a judgment in favor of claimants, entered March 29, 1972, upon a decision of the Court of Claims. On September 6, 1969 the claimant Anne Thall was attacked by a knife-wielding assailant who was identified as a youthful escapee from a State mental institution. He had previously escaped from similar institutions, and his attack on claimant followed a pattern which he had previously exhibited. There can be no serious doubt that the appellants were on notice as to his escapist and assaultive tendencies, and that an attack such as that on claimant, was a foreseeable risk of an escape. This conclusion is buttressed by the fact that the youth had been assigned to a closed ward prior to his escape. In determining that' the appellants had been negligent in permitting the escape, the trial court placed considerable reliance on the fact that the youth had passed through an unlocked door, a broken panel and an open loading platform. The court aptly noted “ that for a closed ward there were a lot of openings ” and its finding that upon all these circumstances appellants had been negligent, is based upon competent evidence and should not be disturbed. The appellants’ other contentions are without merit. The exercise of medical judgment would not be a proper issue here, and the award was reasonable and supported on the record. Judgment affirmed, with costs. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur. [69 Misc 2d 382.]

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— Appeal from a judgment in favor of claimants, entered March 29, 1972, upon a decision of the Court of Claims. On September 6, 1969 the claimant Anne Thall was attacked by a knife-wielding assailant who was identified as a youthful escapee from a State mental institution. He had previously escaped from similar institutions, and his attack on claimant followed a pattern which he had previously exhibited. There can be no serious doubt that the appellants were on notice as to his escapist and assaultive tendencies, and that an attack such as that on claimant, was a foreseeable risk of an escape. This conclusion is buttressed by the fact that the youth had been assigned to a closed ward prior to his escape. In determining that' the appellants had been negligent in permitting the escape, the trial court placed considerable reliance on the fact that the youth had passed through an unlocked door, a broken panel and an open loading platform. The court aptly noted “ that for a closed ward there were a lot of openings ” and its finding that upon all these circumstances appellants had been negligent, is based upon competent evidence and should not be disturbed. The appellants’ other contentions are without merit. The exercise of medical judgment would not be a proper issue here, and the award was reasonable and supported on the record. Judgment affirmed, with costs. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur. [69 Misc 2d 382.]

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Bluebook (online)

42 A.D.2d 622, 344 N.Y.S.2d 453, 1973 N.Y. App. Div. LEXIS 4230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thall-v-state-nyappdiv-1973.

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