Legal Opinion
Campbell v. City of Elmira
New York Court of Appeals
Decided December 1, 1994PublishedCited by 138 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The issue on this appeal is whether any rational view of the trial evidence supports the jury verdict that the City of Elmira’s fire truck driver acted with reckless disregard of the safety of others (Cohen v Hallmark Cards, 45 NY2d 493, 499; Vehicle and Traffic Law § 1104 [e]). Plaintiff, a motorcyclist, won a jury verdict based on proof of defendant’s driver’s failure to satisfy the statutory standard of care. The Appellate Division affirmed the verdict and judgment in that material respect. Defendant appeals on a two-Justice dissent predicate. It argues…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Saarinen v. KerrNew York Court of Appeals · 1994
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Saarinen v. KerrNew York Court of Appeals · 1994
- Criscione v. City of New YorkNew York Court of Appeals · 2001
- Stacy S. Killon v. Robert A. ParrottaNew York Court of Appeals · 2016
- Donlon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
133 more not listed; retrieve them via the Exa API.