Mitchell v. State of New York

1 Citing case

  1. Alexandra R. v. Krone

    186 A.D.3d 981 (N.Y. App. Div. 2020)   Cited 8 times

    We reject plaintiffs' contention and the court's conclusion. Even if defendant, despite his belief that he was in compliance with the regulation by positioning the truck as far from traffic as feasible without getting stuck in wet ground on the median, could have positioned the truck even farther to the left and off of the rumble strips, that failing establishes, at most, a lack of due care under the circumstances, which is insufficient to impose liability under the recklessness standard (see Green , 299 A.D.2d at 638, 750 N.Y.S.2d 162 ; Mitchell v. State of New York , 108 A.D.2d 1033, 1034-1035, 486 N.Y.S.2d 97 [3d Dept. 1985], lv denied 64 N.Y.2d 611, 490 N.Y.S.2d 1024, 479 N.E.2d 827 [1985], appeal dismissed and lv denied 64 N.Y.2d 1128, 490 N.Y.S.2d 189, 479 N.E.2d 825 [1985] ).Based on the foregoing, we reverse, insofar as appealed from, the judgments in appeal Nos. 1, 2, and 3 and reverse the judgment in appeal No. 4.