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Daley v. Kashmanian

The plaintiff in this case sought damages for injuries sustained as a result of the defendant’s reckless driving. The plaintiff sustained his injuries when the defendant, a police officer, struck him while the defendant was driving an unmarked police car and the plaintiff was driving a motorcycle. The defendant was attempting to surveil the plaintiff. Upon being struck by the defendant, the plaintiff was thrown from his motorcycle. The plaintiff contends that the defendant was acting recklessly and negligently while surveilling him by driving a police car with no lights or sirens, traveling at a significantly higher speed than the limit in that area, and traveling in the wrong lane of traffic. In doing so, the plaintiff argued that the defendant “violated a ministerial duty imposed on him by certain motor vehicle statutes.” The defendant filed a motion for a directed verdict in regard to the plaintiff’s recklessness claim which the trial court granted. In regard to the negligence claim, the jury decided in favor of the defendant. The trial court set aside the jury’s verdict on the ground that “the plaintiff’s allegations related to discretionary acts for which the defendants were immune from liability pursuant to the statute §52- 557n concerning governmental immunity.” The plaintiff appealed this decision.