(DOWNLOAD) "Claire Van Barneveld v. State New York" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Claire Van Barneveld v. State New York
- Author : Supreme Court of New York
- Release Date : January 30, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The trial court, absent any supporting medical testimony, concluded that the decedent, a non-ambulatory patient, was the victim
of an "unusual vicious assault" and that the State was responsible for this due to a failure of proper custody and supervision.
We can find no basis in the instant record to support the trial court's determination of liability on the part of the State.
The State is responsible "only for hazards reasonably to be foreseen, only for risks reasonably to be perceived" (Flaherty
v. State of New York, 296 N. Y. 342, 346; Excelsior Ins. Co. of N. Y. v. State of New York, 296 N. Y. 40) and is not required
to have someone watch each patient 24 hours a day (Hirsh v. State of New York, 8 N.Y.2d 125; Castiglione v. State of New York,
25 A.D.2d 895). Nor, can negligence "be presumed from the mere happening of an accident. It [is] incumbent upon the part of
the claimant to show affirmatively by competent evidence that the death of the decedent was caused by reason of some breach
of duty on the part of the State. Negligence must be proven." (Kowalski v. State of New York, 7 A.D.2d 762.) This was clearly
not done in the instant case by any affirmative showing of a breach of duty by the State. Moreover, negligence cannot be inferred
where, as here, there are other possible explanations for the injury than negligence on the part of the State (Cole v. Swagler,
308 N. Y. 325, 331; Ruback v. McCleary, Wallin & Crouse, 220 N. Y. 188, 195; Frohm v. State of New York, 34 A.D.2d 724).
Accordingly, the judgment must be reversed and the claim dismissed. Disposition Judgment reversed, on the law and the facts, and claim dismissed, without costs.
 "Claire Van Barneveld v. State New York" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}