Summary
This Appellate Division decision reviews a trial court's judgment dismissing a wrongful death and negligence claim against the County of Nassau and its police department following a fatal high-speed chase. The court reversed the dismissal, holding that while the "reckless disregard" standard correctly applied to the officers' emergency response, the trial court erred by excluding internal police regulations, admitting collateral criminal hearing transcripts, and improperly limiting cross-examination. The matter is remitted for a new trial on the issue of liability.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in charging the jury that a "reckless disregard for the safety of others" standard of care applied to the police officers rather than ordinary negligence.
- Whether the trial court erred in excluding the Nassau County Police Department Rules and Regulations as evidence of recklessness.
- Whether the trial court erred in admitting the full decision from a criminal proceeding (Dunaway/Huntley/Mapp hearing) as prejudicial.
- Whether the trial court erred in precluding cross‑examination of Detective Peter Ellison regarding prior bad acts.
- Whether the appellate court should reverse and remand the judgment.
Holdings
- The trial court did not err; the reckless disregard standard was proper for police officers engaged in an emergency operation.
- The exclusion was error but not harmless; the rules could have been admitted as evidence of reckless disregard.
- The admission was error and not harmless because the material was collateral and prejudicial.
- The preclusion was error and not harmless because the evidence related directly to credibility and the stop.
- The judgment is reversed as to the County and Police Department, the complaint reinstated, and the case remanded for a new trial on liability.
Factual background
On July 20, 2015, Nassau County Police officers attempted to stop Justin M. Daley for reckless driving. Daley fled, collided with Ming Deng's vehicle, resulting in Deng's death. The jury found Daley 100% at fault and found the police did not act with reckless disregard.
Procedural history
The plaintiff, as administrator of Ming Deng's estate, sued for wrongful death and negligence against the driver Justin M. Daley, his mother Abby B. Daley, County of Nassau and the Nassau County Police Department. The Supreme Court, Nassau County, entered a judgment dismissing the complaint against the County and Police Department. The appellant appealed that judgment.
Remand instructions
Remand to Supreme Court, Nassau County for a new trial on liability as to County of Nassau and Nassau County Police Department.