Decolator, Cohen & DiPrisco - Authors of The Police Officers Right to Sue Newsletter

OFFICER RECEIVES 1.4 MILLION DOLLARS SETTLEMENT FROM CITY OF NEW YORK AFTER BREAKING HER ANKLE IN A POTHOLE NEXT TO A SEWER CATCH BASIN

An Officer assigned to the Yankee Stadium detail suffered a broken ankle when she fell into a large pothole adjacent to a storm sewer catch basin. The Officer had just completed attending roll call on University Avenue. The Officer turned and because of the large amount of police officers at roll call, she failed to see the large pothole. She subsequently stepped and fell into the hole breaking her right ankle. The Officer’s injury required surgery and she was forced to retire on a ¾ disability line-of-duty pension. The Officer read DCD’s newsletters and immediately contacted and retained the firm.

DCD filed a notice of claim against the City of New York and then sued the City pursuant to the Administrative Code§7-201(c)(2) and New York City Charter §2903(b)(2) claiming the condition of the pothole adjacent to the storm sewer catch basin was in violation of law and a statutory predicate to GML §205-e. During the discovery phase of the litigation, DCD became aware that the City had notice of the pothole thereby alleviating the notice requirement. During a pre-trial conference, DCD started settlement negotiations with the City. Several months later, the parties agreed to a 1.4 million dollar settlement