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Decided on June 29, 2006
Ct Cl

95722

Claimant's attorney:CHERUNDOLO, BOTTAR & LEONE, P.C.
BY: Edward S. Leone, Esq.,
Of Counsel.
Defendant's attorney:HON. ELIOT SPITZER
Attorney General
BY: Edward F. McArdle, Esq.,

Assistant Attorney General
Of Counsel.
Third-party defendant's attorney:
Nicholas V. Midey, J.
Claimants [FN1] seek damages arising from an automobile accident which occurred on April 1,
1995, on Interstate Route 81 in Oswego County, just north of the Parish Exit (Exit 33). On that date, claimant Donna Jo Wojtasik [FN2] was proceeding north when her vehicle was struck head-on by another vehicle proceeding south in the north lanes of Route 81. Claimant suffered severe injuries in this collision, and the driver of the other vehicle, one Eric Lamb, was killed.
As established by the evidence and testimony at trial, the facts and circumstances immediately preceding, and resulting in, this accident are not in dispute. New York State Trooper Edwin Croucher was positioned along Route 81 on the outskirts of Pulaski, New York, during the early evening of April 1, 1995, when he observed a white Mazda being driven erratically and proceeding south in the southbound lanes of Route 81. Trooper Croucher began to follow this vehicle, which he subsequently learned was operated by Eric Lamb. After confirming, by radar, that the Lamb vehicle was proceeding at approximately 95 miles per hour, Trooper Croucher activated his emergency lights and began to close directly behind the Lamb vehicle. A minute or two after his initial observation of the vehicle, Mr. Lamb slowed down and turned left onto the "Tinker Tavern Road U-Turn" turnaround or crossover. Mr. Lamb, however, did not stop his vehicle, but instead continued through the turnaround, then turned right and began to proceed south in the northbound lanes of Route 81. At that point, Trooper Croucher immediately contacted the radio control point in Watertown to advise his supervising officer of this situation.
Trooper Croucher continued to follow the Lamb vehicle in a southerly direction in the northbound lanes of Route 81, with his flashing lights and siren activated. According to Trooper Croucher, it quickly became evident that Mr. Lamb was attempting to drive his car into oncoming vehicles that were northbound on Route 81. He testified that Mr. Lamb was driving extremely fast, at speeds averaging 90 miles per hour, but that he was also driving very erratically, weaving
As they approached the Parish Exit, Trooper Croucher observed a black pickup truck proceeding north at a slow rate of speed, apparently attempting to move out of the passing lane of northbound Route 81. He then observed Mr. Lamb drive his vehicle directly at this pickup truck and striking it head-on. This black pickup truck was the vehicle operated by claimant Donna Jo Wojtasik, and she suffered severe injuries in this collision.
Trooper Croucher's pursuit of the Lamb vehicle lasted slightly more than five minutes, during which time Mr. Lamb covered approximately eight miles proceeding south in the northbound lanes of Route 81. [*2]
In her trial testimony, claimant testified that she was proceeding north on Route 81 on this day, with her mother, Donna Myers, following her in a separate vehicle. Claimant and her mother were proceeding from Maryland to claimant's home in Copenhagen, New York. Claimant, however, had no recollection whatsoever of this accident, having spent approximately three and one-half weeks in a coma following the accident.
Claimant's mother, Donna Myers, testified that she was following her daughter, and shortly before the accident they were both in the left (passing) northbound lane of Route 81. When she noticed flashing lights from a State Police vehicle approaching, Donna Myers was able to pull over onto the right lane, and then onto the shoulder of the highway. There was quite a bit of traffic at this time, and claimant, Donna Jo Wojtasik, was apparently unable to make the same maneuver. Donna Myers did not observe the actual collision between her daughter and Mr. Lamb, but she went to claimant's vehicle immediately after the accident to comfort her daughter.
Claimants and the defendant have both previously moved for an order of summary judgment [FN3]. In a Decision and Order to these motions dated January 9, 2003 [FN4], this Court determined that the actions of Trooper Croucher in pursuing the Lamb vehicle, even into oncoming traffic, should be viewed under the "reckless disregard" standard of Vehicle and Traffic Law

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