Bushley v New York State Thruway Auth.

Holding The court held that the reckless disregard standard of care under Vehicle and Traffic Law § 1103(b) did not apply because the snowplow driver was traveling between parts of his route on a road he was not responsible for plowing. Consequently, the driver was found negligent for making an illegal right turn on red, and judgment on liability was granted in favor of the claimant.

The court’s words

we conclude that, at the time of the accident, he "was not driving on part of his plow route but instead was traveling from one part of his route to another by way of a [municipal] road that he was not responsible for plowing"

2026 NY Slip Op 04686, at the official text

we conclude that the evidence established that the snowplow driver was negligent (see Vehicle and Traffic Law §§ 1111 [d] [2]; 1160; Pellegrino v Youll, 37 AD3d 1064, 1064 [4th Dept 2007])

2026 NY Slip Op 04686, at the official text

we further conclude that claimant was not contributorily negligent inasmuch as he was lawfully on the roadway and stopped at a red light when struck

2026 NY Slip Op 04686, at the official text