A recent case in the State of New York presented an interesting question. The plaintiff was seeking to recover damages for injuries he sustained in a motor vehicle accident. At the time of the incident, the defendant, a police officer, was responding to a radio dispatch of a “possible burglar alarm” when his police vehicle collided with the plaintiff’s vehicle while making a left turn.

The defendant sought summary judgment to dismiss the complaint, arguing he was operating the police vehicle during an emergency operation at the time of the accident, and his actions therefore could not be deemed legally reckless. The New York Supreme Court granted the defendant’s motion for summary judgment and the plaintiff appealed.