Borelli v. Renaldi

Summary

Chief Justice Robinson concurred in the judgment affirming summary judgment for the municipality and police officers on governmental-immunity grounds. He reasoned that the statutory duty to drive with due regard applies to the physical operation of an emergency vehicle, not the discretionary decision to initiate or continue a pursuit, and that public policy did not impose a duty to a passenger in a fleeing vehicle absent evidence that officers knew the passenger was innocent. The concurrence also disagreed with the dissent's broader interpretation of the emergency-vehicle statute and the identifiable-person exception.