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A POLICE CAR RESPONDING AN EMERGENCY CALL SWERVED INTO A TURN LANE TO PASS A CAR AND STRUCK A SKATEBOARDER; THERE WERE QUESTIONS OF FACT WHETHER THE OFFICER ACTED WITH “RECKLESS DISREGARD FOR THE SAFETY OF OTHERS” (SECOND DEPT).

The Second Department, reversing Supreme Court, determined (1) the “reckless disregard” standard for liability applied to this accident involving a police car and a skateboarder, and (2) the county defendants did not eliminate all questions of fact about whether the “reckless disregard” standard was met. The officer was responding a call from a woman in labor with complications. The officer struck the skateboarder, who was in a turn lane, when the officer swerved into the turn lane to pass a car:

The “reckless disregard” standard demands more than a showing of a lack of “due care under the circumstances” … . “It requires evidence that the actor has intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow and has done so with conscious indifference to the outcome” … . “This standard requires a showing of more than a momentary lapse in judgment” … .

Here, the defendants established that the reckless disregard standard of Vehicle and Traffic Law § 1104 was applicable to Degere’s [the officer’s] conduct because he was responding to a radio call of a woman going into labor with complications … . However, the defendants failed to establish their prima facie entitlement to judgment as a matter of law dismissing the complaint because their moving papers failed to eliminate all issues of material fact regarding whether Degere acted recklessly by either traveling at a high speed in the center turn lane in a school zone with poor lighting conditions or abruptly merging into the center turn lane without first looking to his left or activating his turn signal … . Moccasin v Suffolk County, 2026 NY Slip Op 01049, Second Dept 2-25-26

Practice Point: Consult this decision for insight into what constitutes “reckless disregard for the safety of others” within the meaning of Vehicle and Traffic Law 1104 in the context of a police officer responding to an emergency call.

 

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