AUTO/PRIVATE/CITY

Two Officers assigned to Brooklyn North were seriously injured when an intoxicated motorist struck their RMP while the Officers were safeguarding a disabled vehicle on the Kosciuszko Bridge. One Officer injured his shoulder which necessitated surgery and the other Officer injured his back which also required surgery. The Officer’s were able to split $292,500, the maximum policy held by the defendant motorist. DCD also sued the City of New York claiming the RMP did not have the “rabbit ears” which contributed to the defendant not seeing the RMP on the elevated Kosciuszko Bridge. The problem with this equipment claim was that the defendant motorist never denied seeing the RMP with its flashing lights from a distance. The intoxicated motorist testified that he attempted to change lanes to avoid the RMP but misjudged the proximity of his vehicle to the RMP. Accordingly, the issue as to the lack of rabbit ears on the RMP contributed to the accident was a non-factor in light of the defendant’s testimony. DCD was still able to get an additional $15,000 for both Officers to settle the equipment violation claim.

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