Police officer brought action to recover for personal injuries she sustained in motor vehicle accident while she was passenger in unmarked police car. The Supreme Court denied city’s motion for summary judgment, and it appealed.
The Supreme Court, Appellate Division, held that city was not protected from civil liability for officer’s injuries.
Police officers who had double-parked unmarked police vehicle in order to observe two suspects were not engaged in “emergency operation,” and thus city was not protected from civil liability for injuries to officer when vehicle was struck from behind by minivan, where officers were sitting at accident location approximately 15 to 20 minutes before accident.