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Whitehead v. Centerville Fire Dist – Case Brief Summary (New York)

In Whitehead v. Centerville Fire Dist., 90 AD 2d 655, 456 N.Y.S.2d 450 [3rd Dept 1982], the accident involved a vehicle driven by the captain of the fire company.

The accident was immediately reported to the Ulster County Fire Control, the fire district's insurance company was notified of the incident within the 90-day time frame, plaintiff's no-fault carrier with whom plaintiff filed a no-fault claim with supporting medical reports was the same carrier as the fire district's and the fire district's attorney had personal knowledge of the accident and resigned because his law partner undertook representation of plaintiff in anticipation of the litigation.

The mere stand-alone knowledge of a public employee who was involved in the accident is not imputed to the municipality or municipal entity.