Pierce v. City of New York
Docket: Index No. 24370/16E Appeal No. 16472 Case No. 2022-00234
Court: Appellate Division of the Supreme Court of the State of New York; October 18, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case of Pierce v. City of New York, the Appellate Division, First Department, affirmed the Supreme Court's decision to grant the City of New York's cross motion for summary judgment, effectively dismissing the plaintiff's complaint. Destinesha Pierce, the plaintiff, was a passenger in a vehicle driven by Xavier Wilson during a police pursuit. The court found that the City established that the police pursuit was not the proximate cause of Pierce's injuries. Key findings included that the police vehicle's GPS data indicated it did not exceed 32 miles per hour during the pursuit, while Pierce claimed Wilson was driving at 50 to 60 miles per hour. Wilson admitted to reckless driving and losing control of a vehicle that was already in disrepair, ultimately colliding with a parked car after hitting a bump. The officers had terminated the pursuit approximately a block to a block and a half before the accident occurred. The court concluded that Pierce did not demonstrate a triable issue of fact regarding the initiation of the pursuit or any recklessness on the part of the officers that would establish liability under Vehicle and Traffic Law § 1104(e). Consequently, the plaintiff's motion to strike the City's answer for alleged spoliation of evidence was deemed moot. The court found the plaintiff's additional arguments unpersuasive, solidifying the dismissal of the case.