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 by Vehicle and Traffic Law § [*2]1104 (b). Any other injury-causing conduct of such a driver is governed by the principles of ordinary negligence.
Student note: A driver is negligent when an accident occurs because the driver failed
to see that which through the proper use of his or her senses the driver should have seen.
Case: Benn v. New York Presbyt. Hosp., NY Slip Op 05615 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A managing agent's duty of care.
