With the benefit of hindsight, it is clear that some lawsuits
never should have been filed. A recent case makes that point.
Unidentified parents, on behalf of themselves and their child
(let's call them the "Walkers"), brought a premises
liability action against New York State. They sought damages for
injuries sustained when they were struck by a falling tree at
Letchworth State Park — and alleged that the State was
negligent in failing to inspect the park's trees and protect
visitors to the park from injury.
The Court of Claims denied the Walkers' motion for partial
summary judgment on the issue of liability and granted the
State's cross motion for summary judgment dismissing the claim.
The Walkers appealed.
