New York Court of Appeals
Lynda Jones
December 27, 197333 N.Y.2d 275
Summary
The Court of Appeals held that the negligence claim against the State must be dismissed because the exclusive remedy is workers' compensation, but reversed the dismissal of the intentional tort claim, finding that the State's waiver of sovereign immunity under section 8 of the Court of Claims Act makes it liable for the assault by a State trooper; the case was remanded for further proceedings. Justice Jasen dissented, arguing that sovereign immunity bars recovery and the exclusive remedy is workers' compensation.