New York Court of Claims September 4, 1997, Claim No. 89486 (Johnson v. State)

OPINION OF THE COURT

James P. King, J.

This is an action for wrongful death and conscious pain and suffering. Trial of the action was bifurcated, and this decision relates only to the issue of liability.

On March 20, 1993, at approximately 7:30 p.m., Timothy P. Johnson and a companion were traveling in a Chevrolet pick-up truck westbound on Route 23B, a two-lane highway in the Town of Greenport.