Wade Clark Mulcahy LLP

In Adolfo Chino Alonso v Crest Transportation Service, Inc., et al., the Second Department clarified the reckless disregard standard of care under the Vehicle and Traffic Law § 1104(e). The incident in question involved an ambulance owned by the defendant Crest Transportation Service, Inc., and operated by a non-party driver, which collided with the plaintiff’s vehicle in Brooklyn while transporting a patient with activated emergency signals and straddling the road's double-yellow line at 20 miles per hour.

Defendants contended that the "reckless disregard" standard of care should apply, arguing that the non-party driver did not operate the ambulance with reckless disregard for others' safety. The court clarified that this standard applies only when an emergency vehicle driver engaged in an emergency operation engages in conduct specifically exempted from regular traffic rules by Vehicle and Traffic Law § 1104(b). Any other conduct causing injury is judged by ordinary negligence principles.

The Defendant demonstrated that the non-party driver was operating the ambulance as an authorized emergency vehicle in an emergency operation, thus her actions were under the "reckless disregard" standard. Despite conflicting testimonies about the accident's circumstances, the defendant showed that the non-party driver’s actions did not constitute reckless disregard for others' safety.

Therefore, the appellate court reversed the previous order and granted Defendant’s motion for summary judgment, dismissing the complaint against them.