SWEENEY v. PETERSON


1 A.D.3d 650 (2003)

766 N.Y.S.2d 255

STEVEN SWEENEY et al., Respondents, v. JEREMY PETERSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 6, 2003.


Carpinello, J.

While responding to a report of a possible burglary in process, defendant, a state trooper, was driving his patrol car on a two-lane highway in heavy rain when it started to fishtail and hydroplane on the wet road. Losing control of the car, he spun around, crossed the center line and struck an oncoming vehicle, injuring both occupants. In this resulting lawsuit, defendant sought summary judgment dismissing...

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