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Finding EMS Was Not Reckless, Jury Dismisses EMT's Injury Claim Against NYC


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8/15/2010
Jonathan Cooper
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Unfortunately, this is not an unforeseeable scenario:

An EMT, rushing out of an EMS vehicle on his way to an emergency call, gets clipped by a passing car. The question is, since the EMS vehicle double-parked rather than trying to pull into a better parking spot, can NYC be held liable for this EMT's personal injuries?

Recently, in Seksaf v. City of New York, a New York County jury dismissed this accident claim for one simple reason: they did not believe that the EMS driver acted recklessly by double-parking the vehicle.

As noted in "Police Must Still Drive Responsibly, Even When Responding to Emergency, NY High Court Holds," EMS, like the police, are not governed by standard negligence standards; recognizing the emergent nature of their work, they are judged by whether they acted recklessly. And that was clearly not present here.


Category: Car Accidents


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