In a motor vehicle accident case, in what circumstances will a motorcyclist be found liable for failing to stop for police?
"New York", United States of America
The following excerpt is from Leotta v. Plessinger, 171 N.E.2d 454, 209 N.Y.S.2d 304, 8 N.Y.2d 449 (N.Y. 1960):
However, here there was a showing of negligent operation, hence the question of fault did not depend upon an inference of negligence. In the case at bar we have evidence of speed in excess of the limit permitted by the ordinance. See Cole v. Swagler, 308 N.Y. 325, 330, 125 N.E.2d 592, 595. There was, therefore, enough evidence offered to make out a prima facie case.
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