AYERS v. O'BRIEN

No. 204

13 N.Y.3d 456 (2009)

2009 NY Slip Op 9313

MARC A. AYERS, Appellant, v. JAMES E. O'BRIEN et al., Respondents.

Court of Appeals of New York.

Decided December 17, 2009.


Attorney(s) appearing for the Case

Cellino & Barnes, P.C., Buffalo (Denis J. Bastible and Christian R. Oliver of counsel), for appellant.

Mitchell Goris & Stokes, LLC, Cazenovia (Mark D. Goris of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.


OPINION OF THE COURT

PIGOTT, J.

Operators of authorized emergency vehicles are protected from liability for conduct privileged under Vehicle and Traffic Law § 1104, unless their conduct rises to the level of reckless disregard. In this personal injury action, we are asked whether an emergency vehicle operator may assert that same statute in an action in which he is the plaintiff, thereby preventing the defendant from raising a comparative fault defense...

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