New York Court of Appeals

Carla Humphrey, as Administratrix of the Estate of Daniel J. Humphrey v. State of New York

October 18, 198360 N.Y.2d 742

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the State was negligent and that its negligence was a proximate cause of the decedent's fatal accident. The Court rejected the State's claim that the decedent's blood alcohol level was a supervening cause and applied the lower burden of proof for wrongful‑death claims.