Legal Opinion
Szczerbiak v. Pilat
New York Court of Appeals
Decided October 23, 1997PublishedCited by 632 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this wrongful death action for injuries suffered when plaintiffs’ decedent was struck by a police car driven by defen dant Officer Michael H. Pilat, the issue is whether defendant’s conduct in driving the automobile rose to the level of "reckless disregard” for the safety of others required by Vehicle and Traffic Law § 1104 (e) to impose liability upon drivers of emergency vehicles. We agree with the Appellate.Division that it did not.
At dusk, around five o’clock on the afternoon of December 7, 1992, plaintiffs’ decedent Eric Szczerbiak, aged 16, suffered…
2Cases cited5 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Saarinen v. KerrNew York Court of Appeals · 1994
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Campbell v. City of ElmiraNew York Court of Appeals · 1994
- Szczerbiak v. PilatAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by632 opinions
- Kabir v. County of MonroeNew York Court of Appeals · 2011
- Tapia v. Dattco, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Criscione v. City of New YorkNew York Court of Appeals · 2001
- Dinardo v. City of New YorkNew York Court of Appeals · 2009
- Kent Frezzell v. City of New YorkNew York Court of Appeals · 2014
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