Legal Opinion
Kabir v. County of Monroe
New York Court of Appeals
Decided February 17, 2011PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
On this appeal, we hold that the reckless disregard standard of care in Vehicle and Traffic Law § 1104 (e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104 (b). Any other injury-causing conduct of such a driver is governed by the principles of ordinary negligence.
I
At 3:57 p.m. on September 20, 2004, defendant John DiDomenico, a road patrol deputy in the Monroe County Sheriffs Office, was on routine patrol in a marked…
2Cases cited16 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Riley v. County of BroomeNew York Court of Appeals · 2000
- Saarinen v. KerrNew York Court of Appeals · 1994
- Criscione v. City of New YorkNew York Court of Appeals · 2001
- Williams v. City of New YorkNew York Court of Appeals · 2004
11 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Katanov v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012
- Fajardo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- WILLIAMS, APRIL M. v. FASSINGER, CHARLES A.Appellate Division of the Supreme Court of the State of New York · 2014
- LoGrasso v. City of TonawandaAppellate Division of the Supreme Court of the State of New York · 2011
- Nikolov v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 2012
91 more not listed; retrieve them via the Exa API.