Thursday, August 14, 2014

Emergency vehicles and the reckless disregard standard of care.

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.