Fernandez v. City of New York

OPINION OF THE COURT

Judith J. Gische, J.

A major issue to be decided by the court in this prejury charge conference (CPLR 4110-b) is whether defendants are entitled to an instruction on implied assumption of risk. This action for personal injuries arises because, during the course of his own arrest, plaintiff was shot in the head by the arresting officer. The only theory of liability advanced by plaintiff is that defendants were negligent.1 Defendants argue that if the jury finds them negligent, it can then consider plaintiff’s conduct in thrusting himself into a dangerous situation for…