
Marta Luz Rincon was hit by a police car as she was entering the street from between two parked cars.
And when she later filed suit, both the Westchester County Supreme Court and the Appellate Division, Second Department, thought that no liability could attach in the absence of "reckless" operation of the police vehicle.
Since the cop established that he was in the process of responding to an emergency call (and that the siren was engaged), the lady's case got knocked out.
Shouldn't that have been heard?
To view a copy of the Appellate Division's decision, please use this link: Rincon v. Dusenbury