Frezzell v. City of New York

Plaintiff, an on-duty New York City police officer, was injured in an automobile collision that occurred when Plaintiff’s vehicle collided with another patrol vehicle driven by Steve Tompos, another police officer responding to the same radio call. Plaintiff commenced this action against Tompos and the City of New York, asserting a N.Y. Gen. Mun. Law 205-e claim predicated upon violations of N.Y. Veh. & Traf. Law 1104. Supreme Court granted summary judgment for Defendants. The Appellate Division affirmed, determining that Tompos did not act in “reckless disregard” for the safety of others while operating his vehicle, and therefore, Defendants were entitled to summary judgment dismissing the complaint. The Court of Appeals affirmed, holding that Defendants met their burden of establishing that Tompos’s conduct did not amount to reckless disregard of a highly probable risk of harm with conscious indifference to the outcome. View "Frezzell v. City of New York" on Justia Law