Clark v. DeJohn

—Order unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: Plaintiff Earl Clark (plaintiff), while on duty as a Cayuga County Deputy Sheriff, was called to the scene of an accident where a car had gone off the road and come to rest upon a guardrail. Plaintiff was standing in the rear of the tow truck when the tow truck operator managed to free the car from the guardrail. The car swung out, forcing plaintiff into the road, where he was struck by a passing vehicle. As a result of his injuries, plaintiff was granted disability retirement.

Plaintiff…