A New York City police officer who was a passenger in a police vehicle rear-ended by a motorist can sustain a claim against the department, a Manhattan judge has held.

Acting Supreme Court Justice Frank Nervo said that even if the city had invoked the so-called “firefighter’s rule”—which says police officers and firefighters cannot recover for injuries resulting from the inherent dangers of their jobs— Jessica Alvarado would have a valid claim. The city did not claim General Municipal Law §205 as a defense.