Practice point: A driver who lawfully enters an intersection may be partially at fault for an accident if the driver failed to use reasonable care to avoid a collision with another vehicle.
Practitioners should note that, even if a police officer went past a stop sign without activating the emergency lights or siren, it may still be found that, as a matter of law, the other driver’s negligence contributed to the accident.
Case: Franco v. Rizzo, NY Slip Op 03131 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Law of the case.
You will find another instructive case here.
