As David Murchinson and his girlfriend were pulling out of their driveway, their view was obstructed by State Police, Fire Department, and Department of Environmental Conservation (DEC) vehicles which had assembled in the area. And even though a Forest Ranger intervened, Murchinson's car still managed to get hit by an intoxicated driver.
When Murchinson later sued the State of New York, alleging negligence by the DEC employee, the Court of Claims dismissed the case on the grounds that the Ranger was immune from suit.
On appeal, the Appellate Division, Third Department, agreed that when a governmental function--like traffic control--is performed and an employee exercises "discretionary authority," or "reasoned judgment," immunity applied. (Ironically, Murchinson agreed that the officer had been "cautious" when it came to monitoring traffic conditions prior to the collision.)
TIMBER!
To view a copy of the Appellate Division's decision, please use this link: Murchinson v. State of New York