Practice point: A police officer may not recover damages for common-law negligence where an act taken in furtherance of a specific police function exposed the officer to a heightened risk of sustaining the injury.
Practitioners should note that there is no cause of action when the officer is injured while participating in a physical fitness examination intended to mimic the physical activity that officers will encounter in the field.
Case: Norman v. City of New York, NY Slip Op 01964 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Venue.
