Campbell v. City of Elmira

We respectfully dissent. There is no evidence in this record from which the jury could reasonably conclude that defendant’s fire truck was operated with reckless disregard for the safety of others, which is the appropriate standard of care in the circumstances (see, Vehicle and Traffic Law § 1104 [e]; Dugan v Longo, 169 AD2d 872). The undisputed evidence in the record establishes that the fire truck was traveling at no more than 20 miles per hour as it approached the intersection, with its lights, siren and air horn activated, and the fire truck slowed to less than 15 miles per hour as it…