Car Accidents

Published on: January 5, 2026

Emergency Vehicle Recklessness Claim Failed on Summary Judgment. Granath v. Monroe County, 2026 NY Slip Op 01586

by Stephen Bilkis

In Granath v. Monroe County, 2026 NY Slip Op 01586, the New York Court of Appeals considered when a police officer driving an emergency vehicle could face civil liability after entering an intersection against a red light and colliding with another car. The case arose from a crash involving Deputy Sheriff Khadija Fong and Gary and Lorraine Granath. Because Deputy Fong was responding to another accident, the case turned on the special rules that apply to emergency vehicles under Vehicle and Traffic Law § 1104. The Court examined whether the record showed conduct that could meet the statutory standard of reckless disregard for the safety of others.

Background Facts

The accident happened at about 5:00 p.m. on November 25, 2019, at the intersection of Ayrault Road and Turk Hill Road in Perinton. The weather was clear, the roads were dry, and there was no precipitation. Deputy Khadija Fong, along with two other officers, received a call to respond to a separate motor vehicle accident involving heavy damage and unknown injuries. Deputy Fong drove westbound on Ayrault Road. Gary and Lorraine Granath were traveling southbound on Turk Hill Road, and they had a green light as they approached the intersection.

Published on: November 2, 2022

Appellate Division set aside future pain and suffering award as it was based on too short of a life expectancy. Abreu-DePena v. Weber, 2021 N.Y. Slip Op. 224 (N.Y. App. Div. 2021)

by Stephen Bilkis

In a personal injury case, when it comes to determining the amount of damages for pain and suffering and future medical expenses, the jury will look at number of factors including who was at fault, the seriousness of the injuries, the treatment involved, the treatment that will be required in the future, and the life expectancy of the victim.

In general younger victims will receive higher pain and suffering awards than older victims with similar injuries because younger people have a longer life expectancy. As a result, they would have a longer period of future pain and suffering.

Background

Published on: January 9, 2022

Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)

by Stephen Bilkis

In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied.

Background

On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin Miller on State Route 7 in Princetown, Schenectady County. There was snow and ice on the roads that day. As a result of the poor conditions, Miller lost control of the car. The car crossed over the center lane and crashed into a snowplow. Killenberger was seriously injured and Croote was killed.