A high school athlete who allegedly contracted herpes during a wrestling match narrowly lost his legal bout after an appellate panel split 3-2 in tossing the case for failure to file a timely claim.
In Candino v. Starpoint, 13-01241, the Appellate Division, Fourth Department, reversed Buffalo Supreme Court Justice John O’Donnell (See Profile), holding that the trial court should have dismissed the case. O’Donnell had allowed the matter to go forward even though the claim was lodged 19 months after the alleged incident, far beyond the 90-day notice requirement.
