Legal Opinion
Flack v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 2008PublishedCited by 5 opinions
1Opinion of the CourtStein, J.
Claimant Wendy Flack (hereinafter claimant) sustained serious injuries in an automobile accident when the vehicle driven by State Trooper Michael Kijowski fishtailed out of control while he was driving in excess of 80 miles per hour, and spun 180 degrees into the opposite lane of oncoming traffic, hitting the car in which claimant was a passenger. Following a bench trial, the Court of Claims dismissed the claim, after determining that defendant was entitled to qualified immunity pursuant to Vehicle and Traffic Law § 1104 and that Kijowski’s conduct did not rise to the level of recklessness.…
2Cases cited8 opinions
- Saarinen v. KerrNew York Court of Appeals · 1994
- Campbell v. City of ElmiraNew York Court of Appeals · 1994
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Munno v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Schieren v. StateAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by5 opinions
- Green v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Greenawalt v. Village of CambridgeAppellate Division of the Supreme Court of the State of New York · 2009
- Rouse-Harris v. City of Schenectady Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2015
- Jones v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2014
- Jones v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2014