In Burell v. City of New York , Dorian Burell sued the City of New York after he collided with a police cruiser.
Even though Burell alleged that the officer acted in "reckless disregard" for the safety of others, the Queens County Supreme Court dismissed the case.
On appeal, the Appellate Division, Second Department, found that in order to establish "reckless disregard" a claimant must show that an officer "intentionally committed 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."
Since the City failed to establish that the police officer slowed down before proceeding past a red light, that emergency sirens and flashers had been activated, and, that his view of the intersection was unobstructed, the AD2 was of the opinion that "questions of fact" needed to be addressed at a formal hearing or trial.
Seems like the City might have been reckless in presenting its case.
To download a copy of the Appellate Division's decision, please use this link: Burell v. City of New York