Boyle v. State
Cases that cite this one
1 later published case cites this decision.
- Montgomery v. State (Appellate Division of the Supreme Court of New York 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Appeal from a judgment of the Court of Claims (Murray, J.), entered October 27, 1981, which dismissed the claim. Claimant seeks to recover for injuries sustained by her when the car she was operating left the highway and struck a guardrail. It was dark and snowing at the time of the accident. Claimant was proceeding northerly towards Albany. The highway was downgrade, slippery and curved to claimant’s right. The record further reveals that claimant was unable to control the car and it crossed to the left side of the highway with the car’s left front wheel going onto the shoulder. She was unable to steer the car back onto the pavement and it struck the guardrail which was a “W” shaped, corrugated metal strip attached to upright railroad rails. On impact, one of the supporting rails sheared and the “W” shaped rail tore away from the post. A subsequent supporting rail did not break and caused claimant’s car to come to a sudden, violent stop. After trial, the court found that the State was not negligent and that its actions were not the proximate cause of the injuries sustained. The State has the duty to maintain its highways, including the shoulders, in a reasonably safe condition (Boulos v State of New York, 82 AD2d 930, 931, affd 56 NY2d 714). Claimant, on the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.