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CAMPBELL v. CITY OF ELMIRA

84 N.Y.2d 505 (1994)

644 N.E.2d 993

620 N.Y.S.2d 302

Mark W. Campbell, Respondent, v. City of Elmira, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, Vestal (John L. Perticone of counsel), for appellant.

David J. Clegg, Kingston, for respondent.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge BELLACOSA; Judge TITONE dissents and votes to reverse in a separate opinion in which Judges SIMONS and LEVINE concur.

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 N.Y.2d 493, 499; Vehicle and Traffic Law § 1104 [e]). Plaintiff, a motorcyclist, won a jury verdict based on proof of defendant...

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