26 N.Y.2d 990 (1970)
A police officer’s actions in pursuing a fleeing vehicle must be reasonable under the circumstances; the State is not liable for injuries caused by the fleeing vehicle unless the officer’s conduct was negligent and a proximate cause of the injury.
Summary
The New York Court of Appeals affirmed a lower court decision dismissing a claim against the State for the death of Nathan Stanton, who was killed when his vehicle was struck by a car being pursued by a state trooper. The trooper had initially stopped the pursued vehicle for traveling the wrong way on a highway but failed to properly secure the vehicle. A high-speed chase ensued. The court held that while the incident was unfortunate, the trooper’s actions were not unreasonable or negligent, considering the emergent situation. The dissent argued that the trooper’s negligence in failing to secure the vehicle and the reckless nature of the high-speed pursuit were concurrent proximate causes of Stanton’s death.
Facts
A state trooper observed a vehicle traveling south in the northbound lanes of Route 17. The trooper stopped the vehicle but failed to remove the keys from the ignition or ensure the vehicle was properly secured. The driver sped off again in the wrong direction. The trooper then engaged in a high-speed pursuit, reaching speeds of approximately 100 miles per hour. During the pursuit, the trooper was advised not to shoot the driver. The trooper weaved his car back and forth in an attempt to stop the pursued vehicle. The pursued vehicle sideswiped another car, skidded, and collided with a vehicle driven by Nathan Stanton, who died as a result of the injuries sustained in the collision.
Procedural History
Claire Stanton, as administratrix of Nathan Stanton’s estate, filed a claim against the State of New York in the Court of Claims. The Court of Claims dismissed the claim. The Appellate Division affirmed the dismissal. Stanton appealed to the New York Court of Appeals.
Issue(s)
Whether the state trooper’s actions, including the failure to secure the pursued vehicle after the initial stop and the subsequent high-speed pursuit, constituted negligence that was a proximate cause of Nathan Stanton’s death.
Holding
No, because the trooper’s conduct was not unreasonable or negligent under the circumstances. There was at least an issue of fact, the result of which is beyond the power of review of the Court of Appeals.
Court’s Reasoning
The Court of Appeals affirmed based on the reasoning of the Appellate Division’s majority opinion. The court added that while the situation was unfortunate, the trooper was engaged in regulating traffic and faced an emergent situation. The trooper chose what he considered to be the most effective means of dealing with the situation. The court emphasized that the trooper’s actions must be considered as of the time and circumstances under which they occurred. The court found no unreasonable or negligent conduct and stated it lacked the power to review the determination of the issue of fact. The dissenting judge argued that the trooper’s failure to secure the vehicle after the initial stop and the reckless nature of the pursuit, including speeds of 100 mph in the wrong direction, constituted negligence. The dissent emphasized that the trooper failed to follow standard police procedures and that his actions directly contributed to the accident. The dissent cited expert testimony that the trooper ignored virtually every accepted police procedure involved in stopping and checking vehicles observed committing traffic infractions. The dissent also argued that the trooper’s conduct violated Vehicle and Traffic Law § 1104, which states that emergency vehicle privileges do not relieve the driver from the duty to drive with due care and do not protect the driver from the consequences of reckless disregard for the safety of others.