In the prior action involving the same parties ( 177 A.D.2d 265, lv denied 79 N.Y.2d 755), the jury found defendant J T Sand and Gravel 26% liable for plaintiff's injuries, and exonerated defendant Frisco of any negligence in the maintenance, operation and loading of the tractor trailer truck that caused the chain reaction collision resulting in plaintiff's injuries, thereby also exonerating Frisco's employer, defendant Con Agg Recycling Co. Plaintiff, whose injuries were sustained in the course of his employment as a police officer, argues that the instant action is not barred by the prior action since under General Municipal Law § 205-e, he has been given a new cause of action to the extent his injuries were caused by any negligence on defendants' part in failing to comply with Federal, State or local laws and/or ordinances. In enacting the new statute, however, the Legislature did not relieve police officers of the burden of proving causation or negligence. Because these issues were finally determined in the prior action, they may not be relitigated in this action under a new theory of liability.
Concur — Milonas, J.P., Rosenberger, Kupferman, Asch and Kassal, JJ.