(Download) "Frank Minotti Et Al. v. State New York" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Frank Minotti Et Al. v. State New York
- Author : Supreme Court of New York
- Release Date : January 07, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Memorandum: Upon the first trial of this case the Court of Claims made an award in favor of the claimants as administrators for the wrongful causing of the death of their intestate, a 15-year-old student in the State School for the Blind, and for his conscious pain and suffering. The award was based on the doctrine of res ipsa loquitur, or an inference of negligence drawn solely from the fact that the decedent had been found badly scalded on the floor of a bathroom in the school. (7 Misc. 2d 252.) There was evidence in the record from which it could have been inferred that the temperature regulating valve on the hot-water tank was defective and that the temperature of the water was excessively high, but the Court of Claims did not make any findings as to these matters. This court reversed the judgment and granted a new trial (6 A.D.2d 990). Upon the retrial, the original record was introduced into evidence by stipulation, and additional expert evidence was introduced by the claimants, supporting the claim that the State had been negligent. Nevertheless, the Court of Claims dismissed the claim. We find in the record ample evidence from which factual inferences of negligence should have been drawn by the trial court. (Markel v. Spencer, 5 A.D.2d 400, affd. 5 N.Y.2d 958.) The temperature regulating valve had been installed in 1938 and had not been replaced since that time. Notwithstanding the fact that, according to the