29 A.D.2d 612 | N.Y. App. Div. | 1967
Appeal by claimant from a judgment of the Court of Claims which dismissed her claim against the State. On July 1, 1961 at about 12:45 a.m., one Thomas Hayden was observed driving a 1960 white station wagon in a southerly direction in the northbound passing lane of Route 17, known as the Quickway, between Liberty and Montieello, in the County of Sullivan by Trooper R. W. Radloff of the New York State Police, who was patrolling Route 17 in a northerly direction. Hayden disregarded Trooper Radloff’s signals to stop whereupon the trooper turned his patrol car around and proceeded after Hayden. He succeeded in stopping Hayden after traveling about a half mile, and parked his patrol car about 10 feet to the rear of the station wagon, leaving his red flasher light on, and training his spotlight on the station wagon. The trooper then approached the station wagon and ordered Hayden to pull it off the highway and onto the grass mall which divided the north and southbound lanes of Route 17. At that time, having observed several vehicles approaching them, Trooper Radloff walked away from the Hayden vehicle to warn and direct the oncoming vehicles with his flashlight. Hayden pulled his vehicle off the highway onto the grass mall to a point about 40 feet from the trooper when he suddenly took off in a southbound direction in the northbound passing lane. Trooper Radloff went back to his patrol car and again began his pursuit of Hayden. He immediately radioed his barracks advising them of the pursuit, and requested information as to whether or not the Hayden vehicle was listed as stolen. When he started after Hayden, the trooper turned off all his lights in the expectation that Hayden would think he was not being pursued and would cross over into the southbound lane; turn around in the northbound lane; or slow down and pull off the road. At this time the road was visible for some distance and there were no oncoming vehicles. The Hayden vehicle was accelerating rapidly, and when it became apparent that Hayden was going to continue south in the northbound lane, Trooper Radloff turned on his headlights, flashing red light and spotlight. During the chase, speeds reached up to 100 miles per hour and the trooper used his spotlight by moving it from side to side to warn oncoming vehicles. At one point he was able to get in front of Hayden and commenced slowing him down by moving from side to side. This maneuver failed, however, when an oncoming car required the trooper to remain in the right hand or passing lane at. which time Hayden passed him, moved back into the passing lane in front of the trooper and again began to increase his speed. Both cars then approached a generally straight and level stretch of the highway where visibility was good. On this stretch of the road a vehicle operated by one Gendler was traveling in the northbound passing lane. Gendler observed the trooper’s warning signals and moved into the right hand driving lane. Hayden, however, began moving to his left and sideswiped the left of the Gendler vehicle. This impact caused the Hayden vehicle to go into a skid and it continued southerly down the highway sideways to a point where it was in collision with the automobile being operated by claimant’s intestate in the passing lane. The claim is based upon the alleged negligence of the State Police in failing to take Hayden into custody after he had been stopped and/or in permitting him to escape and the pursuing him at a high rate of speed in a southerly direction in the northbound lane of Route 17. In order to establish liability against the State for the injury and death of claimant’s intestate, the claimant must prove the negligence of the State, and further prove that such negligence was the proximate cause of the injury and