John DiDomenico, a Monroe County Deputy Sheriff, was responding to an emergency call when he rear-ended Yasmin Kabir.
After Yasmin sued, the Monroe County Supreme Court granted the County's dismissal request based on Vehicle and Traffic Law ยง 1104(e)--which provides that drivers of emergency vehicles aren't liable for injuries unless it can be shown they recklessly disregarded the safety of others.
On appeal, the Appellate Division, Fourth Department, reiterated that immunity applied only when the emergency driver was (1) stopping, standing or parking, (2) proceeding past stop signs and red lights (after slowing down to ensure one could safely cross), (3) exceeding the posted speed limits, and (4) disregarding traffic flow and turning regulations.
Since none of the delineated exceptions applied, the AD4 thought an ordinary negligence standard governed and that Yasmin was entitled to recover damages.
That's some rear-end whupping.
To view a copy of the Appellate Division's decision, please use this link: Kabir v. County of Monroe