FOR BREAKING NEWS VISIT www.couriersun.com APRIL 10, 2014 • The Courier sun 43 YOUR PROMOTIONS SUPERMARKET SINCE 1995 CORPORATE & TEAM OUTFITTING POPULAR BRAND WHITE TEE SCREEN PRINTED (1 COLOR) MIN. 144* EACH *SAME DEAL: SWEATSHIRTS EACH Pens (All Types) Bags (Plastic/Paper) Q: Driving my fire engine en route to a fire, I observed a car stopped ahead of me. I repeatedly applied the fire engine’s brakes, and managed to slow down to a speed of five to seven miles per hour. Nevertheless, I skidded into the car. The driver had heard my horn and siren and seen my lights. She maintains that she was unable to pull over to the right because of traffic conditions. Instead, she decided to make a left turn. The driver was in the process of moving into the left-hand turning lane, when her car was struck in the rear by my engine. A: You do not say that either the City or you personally suffered damages to the point that one would sue over them. The most likely lawsuit is one brought by the driver or her passenger against the City. I do not think that they have a case against you. For starters, pursuant to the Vehicle and Traffic Law, the driver was required to yield the right of way and, among other precautions, stay clear of the intersection. Under the circumstances, true, her failure to do so may not have been comparative negligence. At the same time, her attempting a left turn may indeed have been comparative negligence. Only a jury can decide. Be that as it may, as for whether you and the City were negligent, you have the benefit of two statutory provisions. Under General Municipal Law § 205-b, you may not be held liable for an act done in the performance of your duties “except for wilful negligence or malfeasance”. Under Vehicle and Traffic Law § 1104, you may not be held liable because there is no evidence that you acted with “reckless disregard for the safety of others”. So do not see how the driver can succeed. JOB 9-014C2 8.75 X 5.6875 Calendars Water Bottles Awareness Bracelets QUEENS COURIER H Staff Shirts H Giveaways H Family Reunions H School/Camps H Organizations/Events QueensCourier.com (Screen Printed or Embroidered) Food Gifts Corporate Gifts Badges & Buttons Electronics Calculators Computer Accessories Eco Friendly Products of the 2013 THE QUEENS Full Color Magnetic Business Cards 10 ¢ each Minimum 1,000 Your Business Card Their Refrigerator HIT IN THE REAR CENTER FOR GIFTED YOUTH SUMMER 2014 PROGRAM June 30 - July 25, 2014 • CELEBRATING 32 YEARS Are You the Parent of a Gifted Child? 19 day Summer Program Open to gifted children entering grades 2-8 in September 2014 Expands students’ knowledge and develops creative and critical thinking skills Offers children the opportunity to learn in an innovative and exciting environment New technology infusion For information, call (516) 299-2160 or email [email protected] Dr. Lynne Manouvrier, Director • Mr. Henry Mazer, Headmaster FIND OUT. College of Education, Information and Technology Inquire about Transportation Visit our website for program criteria: liu.edu/post/giftedyouth CUSTOM APPAREL H T-SHIRTS ONLY $295 $495 H CAPS/HATS H UNIFORMS H JACKETS H BACK PACKS H BAGS H TROPHIES CALL FOR FREE CATALOG 866.701.3263 H 718.969.3144 YOU NAME IT, WE GOT IT!!! (We can customize your art, logo, messages on anything!) 866.701.3263 H 718.969.3144 www.PROMOTIONALEMPIRE.com Legally Speaking By: Scott Baron, Attorney at Law 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
SC04102014
To see the actual publication please follow the link above