Daley v. Kashmanian

Summary

The court held that a municipal police officer’s operation of an unmarked vehicle during a nonemergency surveillance operation was ministerial, not discretionary, because the statutory rules of the road required compliance with prescribed driving duties. Governmental immunity therefore did not bar the plaintiff’s negligence claim against the officer or the related indemnification claim against the city. The court reversed the judgment insofar as it set aside the negligence verdict and directed reinstatement of that verdict and judgment for the plaintiff on indemnification, while leaving the remaining judgment undisturbed.