February 27, 2020

DSB was successful in moving for summary judgment on behalf of a municipality on Long Island.  Plaintiff, an insurance company subrogated to its insured driver’s rights, claimed that they were owed reimbursement for damages paid as the result of a motor vehicle accident between their insured and a municipal highway vehicle.  The Court, in dismissing the case, found that the municipal vehicle was engaged in work upon a highway and was thus entitled to the protections of Vehicle and Traffic Law Sec. 1103(b), which requires a showing of reckless conduct; the Court further concluded that the actions of the driver of the municipal vehicle, while perhaps inattentive, did not rise to the level of recklessness as a matter of law.