Murphy v Gallegos

Holding The court affirmed the dismissal of the complaint, holding that the defendants established prima facie that the police officer did not act with reckless disregard for the safety of others. The officer’s slow and cautious maneuvering, despite a momentary lapse in judgment, did not meet the high threshold for reckless disregard required for liability under Vehicle and Traffic Law § 1104(e).

The court’s words

the reckless disregard standard of care in Vehicle and Traffic Law § 1104(e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104(b)

2026 NY Slip Op 05404, at the official text

A momentary lapse of judgment is insufficient to establish 'the level of recklessness required of the driver of an emergency vehicle in order for liability to attach'

2026 NY Slip Op 05404, at the official text

the defendants established, prima facie, that the defendant driver did not act with reckless disregard for the safety of others

2026 NY Slip Op 05404, at the official text

the defendant driver proceeded slowly and with caution

2026 NY Slip Op 05404, at the official text

the deposition testimony of the plaintiff, who did not see the defendants' vehicle prior to the impact, did not create a triable issue of fact as to the defendant driver's conduct

2026 NY Slip Op 05404, at the official text