An emergency responder's reckless disregard.

Practice point: The reckless disregard standard of care in Vehicle and Traffic Law § 1104(e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the road in § 1104(b).

Student note: Any other injury-causing conduct of such a driver is governed by the principles of ordinary negligence.

Case: Fajardo v. City of New York, NY Slip Op 03402 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Loss of consortium.