Officer Anthony Rizzo was responding to an emergency call when he collided into Joseph Franco's vehicle and injured Nicholas Franco and his fellow passengers.
Although the officer was following two other cruisers, whose flashing lights had been activated, Rizzo's lights and sirens weren't triggered nor did he brake when travelling through the intersection.
After the Suffolk County Supreme Court found Franco wasn't at fault, an appeal to the Appellate Division, Second Department, followed.
The AD2 thought there were unanswered questions which warranted a formal hearing or trial. The mere fact Rizzo didn't yield at a stop sign and didn't have his lights or siren on didn't preclude the possibility that Franco somehow contributed to the accident.
Is someone hearing things now?
To view a copy of the Appellate Division's decision, please use this link: Franco v. Rizzo