Legally Speaking By: Scott Baron, Attorney at Law BETTER TO PROCEED THAN TO PAUSE Q: On a clear, sunny morning, I was driving my motorcycle downtown. Along my route, a police officer in pursuit of a robber had come to a stop at a red light at an intersection – with his lights and siren on. A bus was approaching the intersection, with the green light in its favor. The bus driver stopped, his eyes met those of the officer, and the bus driver signaled that the officer could proceed, waving the officer through the intersection. After the officer drove his police car into the intersection, he waited there for about 15 seconds, and turned off his siren, in case the robber would run into view. After this pause, the officer proceeded forward, still against the light, and without reactivating his siren or checking for oncoming traffic, such as me. A: Certainly, you have a case against the City based on the conduct of the police officer. The only question is whether you have a claim against the Transit Authority based on the conduct of the bus driver. In appropriate circumstances, a driver may incur a duty to another by gesturing that it is safe to cross the road, with liability extending to all those reasonably within the ambit of potential injury, even third parties. However, the bus driver’s gesture was not a proximate cause of your accident. The officer did not rely on the gesture in deciding to proceed into the portion of the roadway where he collided with you. Rather, the officer relied on the gesture only to the extent of proceeding into the area directly in front of the bus, where he paused and looked around. He did not and could not reasonably rely on the gesture to presume that, after pausing, it was still safe to proceed. 220-33 “A Touch of Spain in Bayside” Entertainment by Harpist Victor Gonzalez Friday,Saturday & Sunday Playing Music of all Styles www.queenscourier.com RESTAURANT URGENT CARE GRAND OPENING FIRST CHOICE 718-229-2273 Our Services Include: Acute Care Physicals (Work, School And Camp) Pre-Operative Clearance EKG’s, PFT’s, Blood Work Vaccines • Flu Shots Low Radiation X-Ray NO APPOINTMENT OR REFERRAL NEEDED WALK--IIN MEDIICAL CARE 210-12 Northern Blvd. Bayside, NY 11361 Monday-Friday 8am-8pm • Saturday & Sunday 9am-5pm Most Insurance Plans Accepted www.queenscourier.com | JANUARY/FEBRUARY 2014 | lehavre Courier 13 Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Northern Blvd., Bayside (3 blocks west of Cross Island Pkwy.) FREE PARKING PRIVATE FACILITIES For Business Meetings & Personal Functions To 250 Persons Superb Spanish and Continental Cuisine Your Host, Mr. Cid Formerly of the Spanish Pavillion Open For Lunch and Dinner All Major Credit Cards Accepted AVAILABLE FOR PRIVATE PARTIES & CATERING OPEN 7 DAYS For Reservations: CALL (718) 423-0100 FAX (718) 423-0102 3 Catering Rooms For All Occasions Experience the personal touch. Affairs custom tailored to your needs Buffet or sit down for any size party. Dining Room & Ballroom Special Bridal Packages Catering for All Occasions up to 300 people • Weddings • Showers • Graduations • Anniversaries • Sweet 16 Birthday Parties Treat Your Palate to a Dining Experience of the THE QUEENS ank You to all who oted us Best of the Boro. We appreciate your patronage & support.
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