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WHEN CONFRONTED WITH AN ARMED SUSPECT, DEFENDANT POLICE OFFICER FIRED HER WEAPON AND STRUCK PLAINTIFF, ANOTHER POLICE OFFICER; THE TWO POLICE OFFICERS, WHO WORKED FOR DIFFERENT MUNICIPALITIES, WERE DEEMED CO-EMPLOYEES PURSUANT TO A POLICE MUTUAL AID AGREEMENT; THEREFORE PLAINTIFF’S NEGLIGENCE ACTION WAS PRECLUDED BY GENERAL OBLIGATONS LAW 11-106 (THIRD DEPT).

The Third Department, reversing (modifying) Supreme Court, determined that plaintiff police officer and defendant police were co-employees pursuant a Police Mutual Aid Agreement between two municipalities, the Town of Glenville and the Village of Scotia. Plaintiff, a Glenville police officer, alleged defendant , a Scotia police officer, was negligent in firing her weapon at a suspect, thereby causing a bullet to strike plaintiff. Because the plaintiff and defendant were deemed co-employees pursuant to the agreement, General Obligations Law 11-106 prohibited plaintiff from suing in negligence:

Pursuant to General Obligations Law § 11-106, a police officer may now assert a cause of action sounding in negligence “for injuries suffered while in the line of duty against entities other than municipal employers and fellow workers” … . The issue thus boils down to whether plaintiff and Peck [defendant] were acting as coemployees at the time of the incident, which would bar plaintiff’s action. Based primarily upon the operative provisions of the Agreement, we find that they were coemployees on the night of the incident, thereby insulating defendants from liability. Ferretti v Village of Scotia, 2021 NY Slip Op 06895, Third Dept 12-9-21

 

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