[DOWNLOAD] "Lynda Jones v. State New York" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Lynda Jones v. State New York
- Author : Court of Appeals of New York
- Release Date : January 27, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Claimant seeks to recover damages from the State for the false imprisonment, pain and suffering and mental anguish which her decedent sustained prior to his death as well as for his wrongful death. The State moved in the Court of Claims to dismiss the claim on the grounds that workmens compensation is claimants sole remedy and that the claim failed to state a cause of action since the State is insulated against the alleged liability by the doctrine of sovereign immunity. The Court of Claims denied the motion to dismiss stating that there were factual questions which "in the opinion of the Court cannot be resolved upon a motion to dismiss." The Appellate Division, by a closely divided court, (3-2), reversed the order of the Court of Claims, granted the States motion and dismissed the claim. The majority held that the State was immune from liability since it was acting in its sovereign capactiy and therefore, nothing claimant could establish on her pleadings could render the State liable for the injuries and death of her husband. The order of the Appellate Division should be modified.