Sims v. Town of Ramapo

OPINION OF THE COURT

Howard Miller, J.

This matter came on before me for trial on June 1, 1998, and the defendants requested the court charge the “reckless disregard” standard, rather than the ordinary negligence charge, upon the basis that defendant Officer Thomas E. Hatch was engaged in an emergency operation, as defined by the Vehicle and Traffic Law, at the time of the accident.

*303It is undisputed that at the time of the accident Officer Hatch was responding to a police call reporting a burglar alarm; did not have any lights or sirens operating on his vehicle; was traveling with a portion of…