Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.

This case involved a collision between a motor vehicle and an emergency vehicle. The defendants moved for summary judgment, arguing that the emergency responder was responding to an emergency call at the time of the accident and that his operation of the emergency vehicle did not rise to the level of reckless disregard for the safety of others, as required for liability pursuant to Vehicle and Traffic Law § 1104. The appellate court agreed, finding that the emergency responder was responding to an emergency call and his actions were not reckless.

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