291:36 Officer who shot arrestee in the head was entitled to a jury instruction that arrestee, who committed violent crime with shotgun and then fled by vehicle and on foot may have "assumed the risk" of being shot; arrestee's last minute cooperation seconds before officer's firearm discharged did not alter this result in arrestee's negligence lawsuit Fernandez v. City of New York, 645 N.Y.S.2d 1004 (Sup 1996).