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· 12/1/1994

Saarinen v. Kerr

Citations

  • 644 N.E.2d 988
  • 84 N.Y.2d 494
  • 620 N.Y.S.2d 297
  • 1994 N.Y. LEXIS 4131

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the standard “reckless disregard for the safety of others” requires more than “a showing of ‘due care under the circumstances’— the showing typically associated with ordinary negligence claims”
  • affirming summary judgment because the evidence failed to establish that the officer acted with reckless disregard
  • operator of emergency vehicle is liable only for conduct that is in reckless disregard of safety of others
  • “A violation of this policy, if in fact it occurred, would be an important, although not dispositive, factor in determining whether [the defendant] had acted recklessly.”
  • “Officer McGown’s maximum speed of 60 m.p.h. was hardly a 3 ‘breakneck’ pace for a police pursuit on relatively empty, nonresidential streets.”
  • “reckless disregard” requires plaintiff to prove that emergency responder intentionally acted in conscious disregard of obvious risk so great as to make it highly probable that harm would result

Source: CourtListener parenthetical corpus (CC0).

Judges: Titone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.