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November 09, 2011

Training accidents


Training accidents
Brady v City of New Rochelle, App. Div., 2nd Dept., 296 AD2d 365

A police officer is injured while participating in a training program. May he or she sue the employer for negligence? In Brady the Appellate Division said the injured officer could not sue the employer for negligence.

Matthew Brady, a New Rochelle police officer, sued the City for "common-law negligence" after he was injured in a motorcycle accident during a police motorcycle training course.

The Appellate Division, Second Department, affirmed a lower court ruling dismissing Brady's action on the grounds that "Brady was performing his official duties as a police officer at the time of the accident." In other words, participating in training activities is "on-the-job" performance of duties.

Citing the decisions in Melendez v City of New York, 271 AD2d 416, and Flynn v City of New York, 258 AD2d 129, the court ruled that Brady's common-law negligence cause of action was barred by General Obligations Law Section 11-106.

Another reason given by the Appellate Division for blocking Brady's law suit: his "common-law negligence cause of action is barred on the ground that he received salary and medical benefits pursuant to General Municipal Law Section 207-c" as a result of his being injured in the course of his employment.


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