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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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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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