New York Court of Appeals

Herma D. Dunn

December 1, 197129 N.Y.2d 313

Summary

The New York Court of Appeals reversed the Court of Claims judgment dismissing the wrongful‑death claim, holding that although the State breached a duty by failing to adequately supervise the closed ward, that negligence was not the proximate cause of the decedent's death. The Court also found the State Police were not negligent in their pursuit of the escaped patient.