Daley v. Kashmanian

Summary

The court held that a police officer driving an unmarked vehicle during a nonemergency surveillance operation was performing a ministerial function when operating the vehicle and complying with statutory rules of the road. Because the officer was not operating an emergency vehicle within the statutory exception, governmental immunity did not bar the plaintiff's negligence claim or the related municipal indemnification claim. The court therefore reinstated the jury's negligence verdict and directed judgment for the plaintiff on the indemnification count.