In Flynn v Sambuca Taxi, LLC (2014 NY Slip Op 08723), plaintiff sued the city of New York after a police vehicle struck the taxi cab in which she was a passenger. The City contended the police officer was in pursuit of another vehicle that had just committed a traffic infraction, when the police vehicle ran a red light and collided with plaintiff’s taxi.

Under New York law, a police vehicle is considered an authorized emergency vehicle under the Vehicle and Traffic Law, when the police are pursuing an actual or suspected violator of the law. Thus, the police vehicle can run the red light, “as may be necessary for safe operation.”  To overcome the privilege, plaintiff must demonstrate that the police officer acted with reckless disregard for the safety of others, which requires a showing that he disregarded a risk that was either “known or obvious,” so as to make it “highly probable that harm would follow, and has done so with conscious indifference to the outcome.”  This is obviously a higher standard than ordinary negligence.

The officer testified that while he looked left, he did not see the taxi approaching. The First Department affirmed the trial court’s holding that the officer’s conduct was not reckless. As such, the City was entitled to the privilege under the Vehicle and Traffic Law for the police officer’s actions, including running the red light.

Thanks to Alison Weintraub for her contribution to this post.