AN OFFICER RECEIVES A $200,000 SETTLEMENT FROM CITY OF NEW YORK AFTER SUFFERING A BROKEN ANKLE IN A TRAINING EXERCISE AT THE POLICE ACADEMY

A New York City Police Officer received a $200,000 settlement from the City of New York after breaking his ankle while participating in a training exercise inside the Police Academy. The Officer was engaged with another MOS during a self-defense exercise when his ankle became wedged between the mats. The ankle broke when the ankle was stuck in the space between the two mats and the force of the exercise caused the Officer’s body weight to shift. The Officer hired DCD who filed a notice of claim with the City of New York within the 90-day time limitation. DCD sued the City of New York pursuant to GML §205-e alleging the City of New York violated Labor Law §27-a(3) in not providing the Officer with a safe place to work. DCD hired a physical education safety expert who inspected the room the Officer was injured in. The expert concluded the City violated Labor Law §27-a(3) in using separate mats attached by Velcro instead of having a single mat which would not separate during training exercises. The expert opined that the Velcro still permitted enough separation that the Officer’s foot could easily wedge between the mats creating a likelihood of injuries when members of the service would engage in physical training activities. Although the Officer needed surgery to repair the broken ankle, he was able to return to full duty. The matter was settled for $200,000 at a pre-trial conference.

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