Torts Keyed to Franklin
Friedman v. State of New York
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
A New York state viaduct did not have a median barrier. The State Department of Transportation studied the issue and determined that one should be built. Five years later, no action had been taken on the median when Plaintiff was sideswiped while driving on the viaduct, pushed into oncoming traffic, and hit head-on. Plaintiff sued for negligence in not building the median and the State argued that the project had fallen prey to funding priorities and project revisions. The trial court found for Plaintiff, the appellate division affirmed, and the State appealed on the grounds of qualified immunity.
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