Vehicle and Traffic Law § 1104(b)(2)

The Second Department determined that defendant-City of New York failed to meet its initial burden of establishing, prima facie, that defendant-police officer did not act in reckless disregard for the safety of others in entering the intersection where the accident in question occurred, in Burrell v. City of New York, which was decided on March 4, 2008. The court noted that Vehicle and Traffic Law § 1104(b)(2) permits an emergency vehicle to proceed past a steady red signal only after slowing down as may be necessary for safe operation. The court said that the City's submissions left questions of fact as to whether the police vehicle had its emergency siren and flashers on and whether the officer operating the vehicle accelerated, rather than slowed down, as she approached the intersection. Moreover, there are fact questions as to whether the defendant-police officer's view of the intersection was obstructed by a parked vehicle or hindered by the inclement weather.

New York practice point: An officer's operation of a police vehicle in responding to an emergency call may not be the basis of civil liability to an injured third-party unless the officer acted in reckless disregard for the safety of others. The "reckless disregard" standard requires proof that the officer intentionally committed an unreasonable act in disregard of a known or obvious risk so great as to make it highly probable that harm would result.