State Trooper Gets Sued After Crashing Into Motorist
On August 2, 2018, in the Town of Ulster, state trooper Anthony J. Zalocki was on duty, vigilantly patrolling the area, when a sudden and urgent 911 call came through his mobile radio. The situation demanded immediate action as time was of the essence. Without hesitation, Zalocki responded to the call and in the rush to address the emergency, and driven by the urgency of his duty, he made a critical decision. Ignoring the typical caution of the road, he veered into the opposite lane of traffic, pushing the boundaries of safety but the very decision that meant to save lives led to a catastrophic event. His police vehicle collided head-on with another car, driven by Ms. Kathryn Bradley-Chernis, who was unsuspectingly thrust into a life-altering situation.
The Lawsuit
Ms. Bradley-Chernis who was 44 years old at the time of her accident filed a lawsuit against the trooper. In her action she stated that State Trooper Zalocki broke several traffic and vehicle laws, such as driving on the wrong side of the road and speeding. In addition, she also claimed that as a result of Zalocki’s traffic violations and negligent, careless and reckless driving she sustained multiple injuries. She also produced medical evidence on record providing support to her claim for injuries she sustained in the accident. This lawsuit was filed and presented for a bench trial before the Supreme Court Ulster County where it was determined that the trooper violated the traffic laws, was negligent, careless and was driving with reckless disregard for the safety of others while being on duty.
Defendant Anthony J. Zalocki, filed his motion to dismiss Ms. Bradley-Chernis’ complaint, arguing that during the emergency operation, he lost control of his vehicle while navigating a curve, and ultimately crossed into the Plaintiff’s lane. He also cited Vehicle and Traffic Law § 1104(b), which allows emergency vehicles to exceed speed limits and bypass signals without liability if no threat to life or property exists . At all times in his testimony Zalocki also maintained that he accelerated to overtake vehicles in his lane, applied brakes to slow down, and kept emergency lights and sirens on, noticing the plaintiff's vehicle only at the point of impact. Plaintiff, Ms. Bradley-Chernis opposed each of these points and her testimony was strongly supported by video recordings from the date of incident and recorded statement of a non-party witness who confirmed witnessing Zalocki’s police vehicle in his rearview mirror traveling at high speed, with its emergency lights activated and with no sirens on. The Court denied Zalocki’s motion and ultimately held that Vehicle and Traffic Law § 1104(b), does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. See also VTL 1144b “Failure of Emergency Vehicle Operator to use Reasonable Care”.
The Conclusion
Subsequently, this matter was moved for trial only on assessment of damages. The judge heard the statements and testimonies from Ms. Bradley-Chernis and her treating physicians. Based on this, the Judge issued a verdict awarding pain and suffering damages in the amount of $832,000 ($400,000 for the past three and a half years, and $432,000 for the future 36 years) against Anthony J. Zalocki. Displeased trooper, Anthony J. Zalocki appealed this judgment by arguing that the damages awarded to Ms. Bradley-Chernis were excessive and unreasonable and therefore should be reduced.
The Appellate Court conducted a reassessment of Ms. Bradley-Chernis and her husband’s testimonies, medical evidence, and the findings of Supreme Court on her injuries. Based on these, the Court determined that Ms. Bradley-Chernis had to undergo a joint surgery to treat a torn tendon and labral injuries in her shoulder, which left her with persistent pain and a restricted range of motion for a long time. Court further found that she was also left with a bulging vertebrae, strains, and reduced range of motion together with persistent neck and back pain. All of these injuries were coupled with anxiety and mental distress associated with post-traumatic stress disorder. Based on the aforesaid and an additional assessment of previous judgments, the Appellate Court upheld the trial court’s decision and reaffirmed the damages to $832,000 in the same proportion as was held by the Trial Court.
Sternberg Injury Law Firm
Though Zalocki was acting in his capacity as a state trooper, the incident starkly reminded everyone that no one is above the law. The rules of the road, designed to protect all, cannot be dismissed, even in the name of duty. This unfortunate event stands as a powerful testament to the fine line between urgency and recklessness. Sternberg Injury Law Firm offers complimentary consultations for individuals who have lost a loved one or relative as a result of someone else’s negligence. Our attorneys are proficient in Personal Injury Law and are dedicated to obtaining the highest potential compensation for you. Our firm first opened in 2016 and since then, we have expanded to many areas of New York, including Brownsville and Forest Hills. Upon your retention of our firm, our attorneys will conduct a comprehensive review of the case with you, provide you with information regarding your alternatives, and inform you of the ways in which our firm can offer assistance. We can be contacted via email, text, or by submitting our web form.