Legal Opinion
Ayers v. O'BRIEN
New York Court of Appeals
Decided December 17, 2009No. 204PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
Operators of authorized emergency vehicles are protected from liability for conduct privileged under Vehicle and Traffic Law § 1104, unless their conduct rises to the level of reckless disregard. In this personal injury action, we are asked whether an emergency vehicle operator may assert that same statute in an action in which he is the plaintiff, thereby preventing the defendant from raising a comparative fault defense. We hold that he may not.
On July 31, 2005, plaintiff Marc A. Ayers, a Broome County Deputy Sheriff, was on patrol in the Town of Chenango. While…
2Cases cited4 opinions
- Saarinen v. KerrNew York Court of Appeals · 1994
- Aldrich v. SampierAppellate Division of the Supreme Court of the State of New York · 2003
- Ayers v. O'BrienNew York Supreme Court · 2008
- Ayers v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by6 opinions
- Kabir v. County of MonroeNew York Court of Appeals · 2011
- Green v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Moore v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Alonso v. Crest Transp. Serv., Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- Kabir v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2009
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