In Britt v. Bustamante , a Suffolk County police vehicle responding to an emergency call collided with Cathleen Britt's car.
Britt later sued the officer, Antonio Bustamante, and the County of Suffolk for personal injuries she sustained in that accident.
Bustamante allegedly passed a stop sign at an intersection and proceeded even though hedges obstructed his view. And, while the car's turret lights were activated, an eyewitness noted neither the vehicle's overhead emergency lights nor siren had been triggered.
Interestingly, the Suffolk County Supreme Court dismissed the case because it was of the view Bustamante didn't operate the police vehicle with reckless disregard. (According to New York law, acting with reckless disregard for the safety of others is one way an officer, who is responding to an emergency, may be held liable for a party's injury.)
When Britt appealed, the Appellate Division, Second Department, found the particulars of the officer's conduct hadn't been sufficiently examined and sent the case back to the Supreme Court so that the extent of Bustamante's liability and the seriousness of Britt's injuries could be addressed.
No hedging there.
To download a copy of the Appellate Division's decision, please use this link: Britt v. Bustamante