Stanton v. State (1970)

See, e.g., Boyer, supra note 8 , 594 A.2d at 136-37 ; DeWald v. State, 719 P.2d 643, 649 (Wyo.1986); Stanton v. State, 26 N.Y.2d 990 , 311 N.Y.S.2d 28, 28-30 , 259 N.E.2d 494, 495 (1970); Mixon v. City of Warner Robins, 264 Ga. 385 , 444 S.E.2d 761, 766-67 (1994) (Fletcher, J., concurring). [20] The District did take issue with the training claim at various points in the Walker trial, arguing, inter alia, that the District could not be held liable for ordinary negligence.

Breck, 141 Ill.App.3d at 361 , 95 Ill.Dec. at 622 , 490 N.E.2d at 95 , quoting Stanton v. State, 26 N.Y.2d 990, 991 , 311 N.Y.S.2d 28, 29 , 259 N.E.2d 494, 495 (1970). 11 Viewing the facts in a light most favorable to the Plaintiff, no reasonable jury could find that the officers breached their duty of due care.

As Stanton v. State, 26 N.Y.2d 990 , 311 N.Y.S.2d 28, 29 , 259 N.E.2d 494, 495 (1970) 19 put it: While it is most unfortunate that bystanders are sometimes innocently involved and injured by the police in the performance of their duties, such emotional and understandable human considerations are not a substitute for proof of negligence.

Based upon our review of the record, we agree with Supreme Court’s conclusion that, as a matter of law, the sole proximate cause of the accident was the erratic and illegal driving of defendant Christopher A. Kerr and not any reckless disregard for the safety of others by Officer Ted McGown (see, Patella v State of New York, 141 AD2d 999, 1001 ; see also, Stanton v State of New York, 29 AD2d 612 , affd 26 NY2d 990 ).

In an emergency a police vehicle may exceed the maximum speed limits, but is not relieved "from the duty to drive with due regard for the safety of all persons” (Vehicle and Traffic Law, § 1104, subd [e]; see Stanton v State of New York, 29 AD2d 612 , affd 26 NY2d 990 ).