In Wadler v. City of N.Y. , officer David Wadler sued after he was injured driving his official vehicle across a security barrier situated at the entrance of a police parking garage.
A four-foot security barrier had been lowered to permit Wadler to pass but was raised right before his car had cleared the area -- causing the front end of the vehicle to be propelled upward.
When the New York County Supreme Court dismissed Wadler's negligence case, an appeal to the Appellate Division, First Department, followed.
The AD1 was of the view the officer couldn't recover damages because his duties "placed him at increased risk for that accident to happen."
Who's going to police that?
To download a copy of the Appellate Division's decision, please use this link: Wadler v. City of N.Y. ,