Granath v. Monroe County

Summary

The New York Court of Appeals affirmed summary judgment for Monroe County, the Monroe County Sheriff, and Deputy Sheriff Khadija Fong in an action arising from a collision at an intersection. The Court held that, even assuming Deputy Fong failed to use an air horn or siren, failed to call in a required emergency code, or proceeded with an obstructed view, her conduct did not constitute reckless disregard under Vehicle and Traffic Law § 1104. Judge Rivera dissented, concluding that disputed factual and credibility issues required a trial.

Holdings

1. Defendants were entitled to summary judgment because, even assuming Deputy Fong failed to use her siren or air horn, failed to call in a Code 77, and failed to observe southbound traffic because of an obstructed view or failure to look, her conduct did not constitute reckless disregard for the safety of others.
2. The disputed evidence did not raise a material triable issue of fact sufficient to defeat summary judgment.
3. An internal departmental policy requiring audible warning signals could not serve as a basis for imposing liability where it went beyond the applicable statutory standard of care.

Questions Presented

1. Whether defendants were entitled to summary judgment because Deputy Fong's conduct, even viewed in the light most favorable to plaintiffs, did not rise to the reckless-disregard standard under Vehicle and Traffic Law § 1104.
2. Whether disputed evidence concerning Fong's use of warning signals, failure to call in a department emergency code, and potentially obstructed view created a triable issue of fact.

Disposition

affirmed