New York Court of Appeals
Lisa Bottalico, Respondents v. State of New York, Appellants; Bruce Minckler, Appellants, v…
June 9, 198359 N.Y.2d 302
Summary
The Court held that the State has a duty to maintain a roadway shoulder in a reasonably safe condition for foreseeable uses, including negligent drivers, and affirmed liability with comparative fault. It affirmed the Bottalico decision and reversed and remanded the Minckler decision for further fact finding.