Labor & Employment Law

Municipality may sue active and passive ?tortfeasors? to recover wages and medical benefits paid injured police officers and firefighters

Municipality may sue active and passive ?tortfeasors? to recover wages and medical benefits paid injured police officers and firefighters

Town of Amherst v Mead, et al, 2008 NY Slip Op 10316, Decided on December 31, 2008, Appellate Division, Fourth Department

The Town of Amherst sued commenced Brian Burns Mead and other defendants seeking reimbursement for the wages and medical bills of a police officer employed by the Town pursuant to pursuant to General Municipal Law§207-c(6).

The police officer was injured when the police vehicle he was driving was struck by a vehicle driven by Mead and owned by another defendant, Power-Up Manufacturing, Inc.

In dismissing the appeal filed by Mead and Power Up challenging Supreme Court?s denial of various motions by the Mead, Power Up and the other defendants - GMAC Leasing Corporation, Vehicle Asset Universal Leasing Trust, Central Originating Lease Trust, and General Motors Acceptance Corporation - for summary judgment dismissing the complaint against each of them respectively, the Appellate Division said that General Municipal Law §207-c(6) ?applies to both active tortfeasors and to those who are vicariously liable.?

The decision points out that §207-c(6) expressly provides that "a cause of action shall accrue to the municipality for reimbursement . . . as against any third party against whom the [police officer] shall have a cause of action.

In other words, if the injured police officer could sue a party, the employer-municipality could sue the same party seeking reimbursement for the wages it paid to, and medical bills it paid on behalf of, the injured police officer.

General Municipal Law §207-a(7) grants municipalities the same right to seek reimbursement with respect to wages and medical bills paid to an injured firefighter.

Internet link to the decision:

http://www.nycourts.gov/reporter/3dseries/2008/2008_10316.htm

Full post as published by New York Public Personnel Law on January 13, 2009 (boomark / email).