Practice point: Emergency vehicle drivers have a qualified privilege to disregard certain traffic laws while on an emergency call, pursuant to Vehicle and Traffic Law § 1104[b][1]-[4]. There is no civil liability to an injured third party unless the officer acted in reckless disregard for the safety of others, pursuant to § 1104[e].
Practitioners should note that this "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.
Case: Corallo v. Martino, NY Slip Op 00496 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Adverse possession.
