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1
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OPINION
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EXTRACTED KEY WORDS
VEHICLE TRAFFIC LAW NY2D FIRE TRUCK PLAINTIFF STATUTORY STANDARD JURY VERDICT RECKLESS DISREGARD CITY EVIDENCE JUDGEMENT SAFETY CARE APPELLATE DIVISION EMERGENCY VEHICLE DEFENDANT INTERSECTION MOTORCYCLE HALLMARK CARDS RED LIGHT PRIVILEGE TWO-JUSTICE DISSENT PREDICATE LIABILITY MUNICIPALITIES RESPONDENT APPELLANT BELLACOSA MATERIAL RESPECT |
Mark W. Campbell, Respondent, v. City of Elmira, Appellant
84 N.Y.2d 505, 644 N.E.2d 993, 620 N.Y.S.2d 302 (1994).
December 1, 1994
3 No. 157 (1994 NY Int. 188) Decided December 1, 1994
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
John L. Perticone, for appellant.
David J. Clegg, for respondent.
BELLACOSA, J.:
The issue on this appeal is whether any rational view of the trial
evidence supports the jury verdict that the City of Elmira's fire
truck driver acted with reckless disregard of the safety of others
(Cohen v Hallmark Cards, 45 NY2d 493, 499; Vehicle and Traffic Law
§1104(e)). Plaintiff, a motorcyclist, won a jury verdict based on
proof of defendant's driver's failure to satisfy the statutory
standard of care. The Appellate Division affirmed the verdict and
judgment in that material respect. Defendant appeals on a two-Justice
dissent predicate. It argues that plaintiff's proof is insufficient as
a matter of law to support the verdict. We conclude that the Appellate
Division order should be affirmed because the jury had a rational
evidentiary basis to find that the City of Elmira, through its driver,
acted with reckless disregard of the safety of others.
I.
In the late morning on August 4, 1986, plaintiff Campbell sustained
personal injuries when his motorcycle struck defendant's fire truck in
the intersection of Clemens Center Parkway and East Second Street in
the City of Elmira. Plaintiff was travelling in the left passing lane
of Clemens Center Parkway. Defendant's yellow pumper fire truck was
proceeding on East Second Street in response to a general alarm at the
county jail. The accident occurred when defendant's truck proceeded
through the intersection at a speed of 10-15 miles per hour against a
red light. Plaintiff, approaching with a green light in his favor,
collided with the rear wheel well of the fire truck after he
unsuccessfully attempted to stop his motorcycle upon noticing the fire
truck entering the intersection. Plaintiff claims that he engaged his
brake as soon as he saw the fire truck, prior to his reaching the
intersection. His motorcycle left a skid mark of 44 feet 5 inches.
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