According to reports that reached a doctor, this is a personal injury claim as well as personal damages claim by four private individuals against the state of New York in 1955. Hyman Portnoy, Theodore Galperin, Irving Mittenberg and Sheldon Ludmerer were the people involved in a road car accident on the night of June 26, 1955 going to Monticello on Route 42. All four men were riding a 1949 Oldsmobile Sedan which was being driven by Ludmerer. According to reports, the Oldsmobile skidded to the accident point somewhere about one half mile near Kiamesha. According to Ludmerer, the car swerved, skidded and hit a stanchion before it went off the road and finally stopping at a ditch ahead.
The expert also got the report that according to the testimony of Portnoy, immediately before the car accident happened, he felt the car passed by some pebbles and stones some 2 to 3 feet along Route 42. He also further testified that about a week or two before the accident, he had been walking on the same route and saw that there were sand and dirt thick enough to cover the pavement but failed to describe the exact thickness of the dirt.
On the other hand, when Ludmerer testified, he said that he was very familiar with the road that they were travelling that night. He said he did not remember seeing any dirt or pebbles on the road that night. He also said that we was not really paying attention on the actual road. At the hospital he casually mentioned to the State Trooper that he thought he was probably going too fast. But this part was not mentioned on his testimony on the court.
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