Practice point: The manner in which a police officer operates his or her vehicle in an emergency situation may not form the basis for civil liability to an injured third party unless the officer acted in reckless disregard for the safety of others.
Student note: The reckless disregard' standard requires proof that the officer intentionally committed an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow.
Case: Elnakib v. County of Suffolk, NY Slip Op 08898 (2d Dept. 2011).
Tuesday’s issue: Leave to amend.
