New York Court of Appeals

Mark W. Campbell, Respondent v. City of Elmira, Appellant

December 1, 199484 N.Y.2d 505

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the jury's verdict that the City of Elmira's fire truck driver acted with reckless disregard of safety was supported by a rational evidentiary basis under Vehicle and Traffic Law § 1104(e). The court applied the "not utterly irrational" standard for insufficiency‑as‑a‑matter‑of‑law review and rejected the dissent's view that the evidence was legally insufficient.