Brown v. State

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The Court of Appeals affirmed the order of the Appellate Division affirming the final judgments awarding damages in favor of Plaintiff in this personal injury action filed against the State. Plaintiff was injured and her husband was killed when the couple’s motorcycle collided with a pickup truck in an intersection. Plaintiff sought damages, alleging that the accident was the result of the improper design of the intersection, an excessive speed limit, and inadequate signage. On remittal, the Court of Claims found that the lack of a four-way stop sign was a proximate cause of the accident. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) there was record support for the finding that the State’s breach was a proximate cause of the accident; and (2) the trial court did not err in declining to apportion some fault to the driver of the pickup truck. View "Brown v. State" on Justia Law