August 6, 2020

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island. Plaintiff commenced a subrogation action to recoup losses that it paid to its insured as a result of a car accident. The District Court of Suffolk County found that DSB affirmatively demonstrated that the police officer involved in the car accident with plaintiff’s subrogor was engaged in emergency operations. Pursuant to Vehicle and Traffic Law § 1104(e) the driver of an emergency vehicle engaged in emergency operations is entitled to certain privileges and will only be liable where its conduct amounts to a reckless disregard for the safety of others. The Court determined that DSB established its prima facie entitlement to judgment as a matter of law and granted DSB’s motion for summary judgment dismissing plaintiff’s complaint in its entirety.