You are here: / / SNOWPLOW DRIVER WAS EXEMPT FROM STANDARD NEGLIGENCE AND DID NOT ACT RECKLESSLY...
, ,

SNOWPLOW DRIVER WAS EXEMPT FROM STANDARD NEGLIGENCE AND DID NOT ACT RECKLESSLY IN THIS TRAFFIC ACCIDENT CASE, COURT OF CLAIMS REVERSED (THIRD DEPT).

The Third Department, reversing the Court of Claims, determined the snowplow driver was not liable in this traffic accident case. The highway-work exemption from standard negligence applied and the driver was not reckless:

There is little dispute that the Court of Claims erred in applying Vehicle and Traffic Law § 1104, which affords certain privileges to “[t]he driver of an authorized emergency vehicle, when involved in an emergency operation” … and has no applicability to a vehicle such as a snowplow put to its intended use . The pertinent statute is instead Vehicle and Traffic Law § 1103 (b), which “exempts from the rules of the road all vehicles . . . which are ‘actually engaged …  in work on a highway,’ and imposes on such vehicles a recklessness standard of care” … . Inasmuch as “the snowplow [here] was clearing the road during a snowstorm” when the accident occurred, both the snowplow and its driver are exempted “from the rules of the road” … . As such, liability will only attach if defendant and its employees behaved in a reckless manner, meaning a “conscious disregard of ‘a known or obvious risk that was so great as to make it highly probable that harm would follow'” … . Howell v State of New York, 2019 NY Slip Op 01281, Third Dept 2-21-19

 

​

You might also like
SETTING A RETURN DATE LESS THAN 20 DAYS FROM THE DATE OF SERVICE OF THE ARTICLE 78 PETITION WAS NOT, UNDER THE FACTS, A JURISDICTIONAL DEFECT; THE PETITION SHOULD NOT HAVE BEEN DISMISSED (THIRD DEPT).
Solid Waste Facility Operating Agreement Not a Lease—No Permissive Referendum Required
Father’s Status as an Untreated Sex Offender, Together with Mother’s Willingness to Leave the Children with Father Unsupervised, Was Sufficient to Establish Neglect
FATHER, WHO WAS INCARCERATED IN PENNSYLVANIA, INFORMED FAMILY COURT HE WISHED TO APPEAR BY TELEPHONE IN THE CUSTODY MATTER; FAMILY COURT DENIED THE REQUEST STATING THE COURT DID NOT HAVE JURISDICTION OVER FATHER; THE 3RD DEPARTMENT HELD FATHER, WHO HAD NOT CHALLENGED THE COURT’S JURISDICTION, SHOULD HAVE BEEN ALLOWED TO APPEAR BY PHONE (THIRD DEPT).
Claimant Who Provided Computer-Training for Company’s Clients Properly Found to Be Employee of Company
Court Review of Elimination of Pension Benefits Proper Even though the Administrative Hearing Had Not Yet Been Held—No Need to Exhaust Administrative Remedies Where the Petition Does Not Raise an Issue of Fact that Should Initially Be Determined in the Administrative Hearing
POLICE OFFICER ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOR INJURIES CAUSED BY STEPPING IN A SNOW-COVERED POTHOLE AS HE RESPONDED TO A SERIES OF VEHICLE ACCIDENTS DURING A SNOWSTORM (THIRD DEPT).
Elements of Prima Facie Tort Explained—Disinterested Malevolence Not Demonstrated

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

IN COURT STIPULATION OF SETTLEMENT WAS BINDING DESPITE AGREEMENT TO FINALIZE... POLICE DOG RELEASED TO TRACK SUSPECTS WENT OUT OF THE HANDLER’S SIGHT...