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30 Jun 2015, 3:03 pm
Even if we chose to apply the reckless disregard injury standard, it is for the trier of fact to decide whether Maher complied with that standard, given that so many key details of the accident are the subject of contradictory allegations (compare, Saarinen v Kerr, 84 NY2d 494 [facts of accident undisputed]). [read post]
15 Jan 2014, 4:13 pm by Stephen Bilkis
The parties disputed whether Vehicle and Traffic Law § 1104 applied, making JD liable for the accident only if he acted with “reckless disregard for the safety of others in accordance with Vehicle and Traffic Law § 1104[e] and Saarinen v Kerr holding that the standard of care under Vehicle and Traffic Law § 1104 is reckless disregard and addressing the conduct required to show recklessness. [read post]