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Zanghi v. Niagara Frontier Transportation Commission – Case Brief Summary (New York)

In Zanghi v. Niagara Frontier Transportation Commission, 85 NY2d 423, 436, 649 N.E.2d 1167, 626 N.Y.S.2d 23 [1995], the Court provided guidance in determining when a common-law claim may properly be asserted:

"For example, if a police officer who is simply walking on foot patrol is injured by a flower pot that fortuitously falls from an apartment window, the officer can recover damages because nothing in the acts undertaken in the performance of police duties placed him or her at increased risk for that accident to happen. On the other hand, if an officer is injured by a suspect who struggles to avoid an arrest, the rule precludes recovery in tort because the officer is specially trained and compensated to confront such dangers." (Id at 440.)