New York Court of Appeals, 1983

Wingerter v. State

New York Court of Appeals · Decided February 8, 1983 · Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons Concur

58 N.Y.2d 848; 446 N.E.2d 776; 460 N.Y.S.2d 20; 1983 N.Y. LEXIS 2844

Cases that cite this one

18 later published cases cite this decision.

Watkins v. Nelson (N.J. 2000)
McDermott v. Dougherty (Md. 2005)
Arteaga v. State of New York (N.Y. 1988)
Youthkins v. Cascio (Appellate Division of the Supreme Court of New York 2002)
Vc v. Mjb (N.J. 2000)
V.C. v. M.J.B. (N.J. 2000)
Tammaro v. County of Suffolk (Appellate Division of the Supreme Court of New York 1996)
Zucker v. Capitelli (District Court, E.D. New York 1990)
Chalk v. State (Appellate Division of the Supreme Court of New York 1989)
Rizzo v. State (Appellate Division of the Supreme Court of New York 1988)
Natale v. Niagara Mohawk Power Corp. (Appellate Division of the Supreme Court of New York 1987)
Leslie v. State (Appellate Division of the Supreme Court of New York 1986)
Goldstein v. State (Appellate Division of the Supreme Court of New York 1986)
Schichler v. State (Appellate Division of the Supreme Court of New York 1985)
Rooney v. State (Appellate Division of the Supreme Court of New York 1985)
Ufnal v. Cattaraugus County (Appellate Division of the Supreme Court of New York 1983)
Merrill Transport Co. v. State (Appellate Division of the Supreme Court of New York 1983)
Penzell v. State (N.Y. Ct. Cl. 1983)

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

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

In this wrongful death action, brought on the theory that the State was negligent in designing, constructing and maintaining a highway, it cannot be said as a matter of law that the findings on negligence and causation made by the Court of Claims and affirmed by the Appellate Division are not supported by the record as a whole (see Padula v State of New York, 48 NY2d 366, 371). All the more is this so since “in a death case a plaintiff is not held to as high a degree of proof of the cause of action as where an injured plaintiff can himself describe the occurrence” (Noseworthy v City of New York, 298 NY 76, 80).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Judgment appealed from, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.