16 N.Y.3d 217
N.Y.2011Background
- Deputy DiDomenico, an authorized emergency vehicle driver, was responding to a burglary alarm and stolen vehicle report when the collision occurred.
- He did not activate emergency lights/siren and traveled 25–30 mph in a 40 mph zone while briefly looking at a data terminal to view cross-street information.
- The collision happened at the intersection of West Henrietta Road and Brighton Henrietta Town Line Road; Kabir’s vehicle was in the left travel lane and had stopped at a red light.
- Kabir and others filed separate No-Fault suits; the trial court granted summary judgment dismissing liability under 1104, the Appellate Division reversed, and the Court of Appeals granted review to decide whether 1104 applies to liability for injuries when privileges under 1104(b) are involved.
- The Court holds that the reckless disregard standard under 1104(e) applies only to injury-causing conduct privileged by 1104(b); conduct not privileged is governed by ordinary negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of 1104(e) standard | Kabir argues broader application of reckless disregard | DiDomenico contends only privileged conduct triggers 1104(e) | 1104(e) limited to privileged conduct under 1104(b) |
| Role of privileged conduct vs. ordinary negligence | Dissent argues all emergency driving is reckless disregard | Majority restricts recklessness to privileged acts | If not privileged, standard is ordinary negligence |
| Use of legislative history to interpret 1104(e) | Legislative history supports broader recklessness | Legislative history does not support broader scope | Legislative history does not create a broader 1104(e) standard beyond privileged conduct |
Key Cases Cited
- Saarinen v. Kerr, 84 NY2d 494 (1994) (standard is reckless disregard for privileged emergency conduct)
- Szczerbiak v. Pilat, 90 NY2d 553 (1997) (glance-away conduct evaluated under reckless disregard when assessing liability)
- Riley v. County of Broome, 95 NY2d 455 (2000) (road-work amendment context; led to same standard for road workers and emergency responders)
- Herod v. Mele, 62 AD3d 1269 (2009) (Fourth Dept; application of reckless disregard in emergency contexts)