New York Court of Appeals

Carmen Battalla, an Infant, by Her Guardian ad Litem, Carmen Battalla v. State of New York

July 7, 196110 N.Y.2d 237

Summary

The New York Court of Appeals held that the infant’s claim for severe emotional and neurological disturbances caused by the State’s negligent failure to secure a chair‑lift does state a cause of action, overruling Mitchell v. Rochester Ry. Co.; consequently the judgment of the Court of Claims was reversed and the claim reinstated. Justice Van Voorhis dissented, arguing the Mitchell rule should be affirmed.