Alexandra Alvarez Wins Summary Judgment In Westchester County
On December 15, 2016, Alexandra Alvarez won summary judgment on liability in Supreme Court, Westchester County in New York Central Mutual a/s/o Dwyer v. Town of Harrison, Index No. 52584/2014. Ms. Alvarez argued on behalf of the plaintiff, New York Central Mutual a/s/o Dwyer, that a police officer, who was responding to a call without a light or sirens on and struck the rear of the plaintiff’s vehicle was negligent, and that the ordinary negligence standard should apply to the case. The plaintiff’s vehicle sustained property damage, and Ms. Alvarez was seeking recovery of those damages on behalf of the insurance carrier as a plaintiff. The defendant argued that the reckless disregard standard of care for a driver of an authorized emergency vehicle should apply, and that using this standard, there was no liability for the accident. The Court found that the liability of the officer was governed by the ordinary negligence standard and granted summary judgment to the plaintiff on the issue of liability.