On December 8, 1990 at about 8 P.M., the injured plaintiff, a pedestrian staggering drunkenly against traffic across 8th Avenue in Manhattan, was struck by a radio motor patrol vehicle driven by Police Officer Vincent Rutelo near West 48th Street. At the hospital to which plaintiff was taken he was found to have a blood alcohol level of 222.7 mg per deciliter. At trial, Officer Rutelo testified that, just minutes before the incident, while stopped at a red light at 47th Street...
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