THERE ARE QUESTIONS OF FACT WHETHER DEFENDANT POLICE OFFICER ACTED IN RECKLESS DISREGARD FOR THE SAFETY OF OTHERS DURING A HIGH-SPEED CHASE; THE PURSUED CAR STRUCK PLAINTIFF’S CAR; THE ACTION AGAINST THE OFFICER AND THE TOWN SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the action against a town police officer (Cunningham) and the town alleging the officer acted in reckless disregard for the safety of others during a high speed chase should not have been dismissed. The car which was pursued by Cunningham struck plaintiff’s (Kolvenbach’s) car:

… [T]he Town defendants failed to eliminate all triable issues of fact as to whether Cunningham acted with reckless disregard for the safety of others and whether such conduct was a proximate cause of Kolvenbach’s injuries … . In support of the Town defendants’ motion, they submitted, among other things, transcripts of the deposition testimony of Cunningham and other witnesses who testified that, on the day at issue, Cunningham pursued Williams at high speeds on damp roads through a main thoroughfare, and that Williams’ vehicle narrowly avoided colliding with other vehicles at earlier points during the pursuit. Thus, contrary to the determination of the Supreme Court, there are triable issues of fact as to whether Cunningham acted in reckless disregard of the safety of others in continuing the pursuit … . There also remain triable issues of fact as to whether Cunningham activated the siren on his police vehicle … and whether he violated police protocols by failing to update his supervisors on the progress of the pursuit via his police radio … . Kolvenbach v Cunningham, 2024 NY Slip Op 00900, Second Dept 2-21-24

Practice Point: This case demonstrates what may constitute “reckless disregard for the safety of others” by a police officer during a high-speed chase which may result in municipal liability for injuries caused by the pursued vehicle.