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

Decolator, Cohen & DiPrisco, LLP, is dedicated to representing members of the service who are exposed to the unnecessary dangerous work conditions caused by the negligence and omissions by the City of New York. The following is a list of line-of-duty unsafe work condition accidents DCD has undertaken or is presently litigating on behalf of members of the service.

I. STATION HOUSE/COMMAND

A. Exterior Staircase

P $65,000 settlement for Officer injured after falling down vestibule steps which were covered by cardboard “mats” placed on steps to prevent snow from accumulating.

B. Interior Staircase

P $75,000 settlement for Officer injured after falling on debris left on interior staircase of station house.

P Litigation pending on two cases involving broken and defective steps where Officers fell and sustained serious injuries necessitating surgery.

P Litigation pending on a case involving an Officer on a poorly designed circular staircase in a Housing Authority building.

P Litigation pending on a case involving an Officer severely injured as a result of falling in a station house staircase which had inadequate lighting.

P Litigation pending on a case involving an Officer injured as a result of falling on cracked steps in a station house staircase.

C. Hallways

P $125,000 settlement for Lieutenant injured when he slipped on a recently mopped hallway floor in station house. The custodian failed to place caution signs indicating the hallway floor was wet.

D. Offices

P $150,000 settlement for an Officer injured after tripping on broken floor tiles in an office at headquarters.

P $2,600,000 jury verdict for an Officer who seriously injured her shooting hand when a previously disposed, defective file cabinet malfunctioned causing the file cabinet to topple over. Matter settled for $1.5 million prior to appeal.

P Litigation pending on a case involving an Officer injured after tripping on broken tiles in a Transit District office.

E. Locker Room

P $750,000 settlement for an Officer injured after he slipped on water on the locker room

floor in a station house. The overhead pipe was leaking for an extended period of time.

P Litigation pending on a case involving an Officer injured after a broken locker collapsed on the Officer.

P Litigation pending on a case involving a Sergeant injured after slipping on water stemming from a ceiling leak in a Housing command.

F. Gym

P $50,000 settlement for an Officer injured as a result of being injured from defective gym equipment in the station house gym.

G. Bathroom

P Litigation pending on a case involving an Officer who was injured after slipping on water in a station house bathroom. The water emanated from a broken water pipe in the ceiling above the bathroom.

P Litigation pending on a case involving an Officer severely injured after a sliding window collapsed in a second floor bathroom in a Mounted Unit Command.

H. Parking Lot

P $1,000,000 settlement for a Deputy Inspector who injured her foot necessitating multiple surgeries when she tripped on a cracked gas filler pipe in a station house parking lot.

P Litigation pending on three cases involving Officers falling on ice in station house parking lots after the City failed to adequately make the parking lots safe.

P Litigation pending on a Captain severely injured after falling in a large hole while exiting the rear of a Transit District Command.

I. Desk

P A $45,000 settlement for an Officer who suffered minor hearing loss when the station house alarm malfunctioned while the Officer was behind the desk.

J. Range

P A $75,000 settlement for an Officer injured after tripping on broken pavement at the Rodman’s Neck Range.

K. Jail Cell Door

P $1,000,000 settlement for an Officer injured after he attempted to close a jail cell door which was broken. The cell door reverberated back into the officer causing a serious neck injury.

L. Barrier Removal

P $ 200,000 settlement for an Officer injured after removing Police Department barriers. The Officer injured her shoulder as result of participating in an unsafe work condition.

M. Training Area

P Officer severely injured after attempting to leave the abandoned 2^nd Avenue subway tunnel, inadvertently exited through a door which had no floor.

II. DEFECTIVE AND INADEQUATE EQUIPMENT/DEFECTIVE DESIGN

P Litigation pending on two cases involving Police Officers who were injured at the range by shrapnel which ricocheted off a target stand. Both Officers claim that the range is poorly designed and the Officers were given inadequate safety equipment to protect them from flying shrapnel.

P Litigation pending involving several members of the Department who were injured and suffered hearing loss while attempting to qualify at the range when they were given inadequate and defective headsets.

P Litigation pending on a case involving an Officer who was injured during a training session at Floyd Bennett Field when she was shot by a fellow officer with a simulated round in the back of her head. The Officer suffered a concussion when the protective gear she was wearing offered no protection to the back of her head.

RMP’S

Improperly situated odometer

P $4,000,000 for Officer seriously injured when his head struck an improperly placed odometer during an RMP accident.

Unpadded computer

P $150,000 for an Officer injured when her knee struck an unpadded computer console during an RMP accident.

No side view mirrors

P $600,000 settlement for Sergeant injured in an RMP accident when the operator of the vehicle, driving without sideview mirrors, lost control of the RMP causing a one-car accident.

No power steering fluid

P $275,000 for an Officer who was injured when the RMP lost its power steering fluid causing the Officer to seriously injure her wrists while making a left hand turn.

Brake failure

P Litigation pending on a case involving an Officer who was injured when the brakes of an RMP failed causing a one-car accident.

No rabbit ears

P Litigation pending on a case involving an Officer who was injured while responding to an accident scene on a highway without having “rabbit ears” in the RMP. The vehicle was rear-ended at a high rate of speed when the motorist failed to see the RMP.

Inadequate tire pressure

P Litigation pending on a case where two Officers were injured when the operator lost control of the RMP in inclement weather due to inadequate tire pressure.

Cracked radiator hose

P Litigation pending on a case involving an Officer being injured when he received serious burns when the RMP’s radiator hose cracked.

Defective stop on internal van door

P $92,000 settlement for Officer injured after an internal sliding door slammed shut on Officer’s finger. The stop safety mechanism failed causing the Officer to suffer an injury to his finger.

Carbon Monoxide Leak

P $9,000 each for two Officers treated in the Emergency Room when they were overcome by carbon monoxide while they were sitting in an RMP.

III. DEFECTIVE SIDEWALKS/CURBS

P $125,000 settlement for a Captain injured after tripping on a defective cracked sidewalk.

P $80,000 settlement for an Officer injured after tripping on a defective and raised sidewalk.

P $75,000 settlement for an Officer injured after falling on a broken curb.

P Litigation pending on a case involving an Officer who was severely injured after falling on raised Belgium blocks outside of Van Cortlandt Park.

P Litigation pending on two cases involving Officers injured as a result of falling on broken curbs.

IV. CITY CONDEMNED BUILDING

P$250,000 settlement for an Officer injured after tripping inside building previously condemned and owned by the City. The City failed to properly secure the vacant building.

V. VACANT LOT

P $125,000 settlement for an Officer injured after falling on debris in a City owned vacant lot after it was established the City failed to secure the lot.

VI. CITY COURTHOUSE

P $200,000 settlement for an Officer who fell down an exterior staircase at New York Criminal Court. The fall was attributed to the center hand rail being previously removed.

VII. MEDICAL DISTRICT

P Litigation pending for an Officer severely injured as a result of the negligence of a doctor employed by the Medical District.

VIII. TRANSIT AUTHORITY

P $90,000 settlement for an Officer injured after falling down slippery subway steps. The subway steps had ice and snow on them. The Transit Authority failed to adequately make the staircase safe several hours after the snow had stopped.

P $70,000 settlement for an Officer injured after falling down defective steps leading to the subway. The stairs were in a state of disrepair.

P Litigation pending for an Officer injured after tripping on a broken edge of a subway platform.

P Litigation pending for an Officer injured after chasing a perpetrator and falling on a broken and defective subway grate.

P Litigation pending in a case involving an Officer injured after a perpetrator he was escorting tripped on a broken step while descending from a outside staircase leading from the “A” train. The Officer who was holding his prisoner was dragged down the steps with the prisoner when the prisoner lost his balance on the defective step.

IX. HOUSING AUTHORITY

P Litigation pending on a case in which an Officer suffered a knee injury when he fell down a circular staircase. An architect determined the staircase did not conform to code and the unlawful nature of the staircase lead to the Officer’s fall.

P Litigation pending on a case in which an Officer severed a finger when he fell while chasing a perpetrator and his ring got caught on a bent rusted spike situated on top of a Housing Authority fence.

P Litigation pending on a case in which an Officer injured her knee when she fell down a flight of steps after tripping on known broken steps inside the PSA.

P Litigation pending for an Officer severely injured as a result of falling in a staircase on liquids left in a Housing Authority building.

X. DEFECTIVE ROADWAY

P Litigation pending for a Lieutenant severely injured after his police vehicle struck an unmarked roadway speed bump.

P Litigation pending for an Officer injured after tripping on an uneven bus apron.

P Litigation pending for an Officer severely injured after falling down a defective sewer drainage grate.

P Litigation pending for an Officer severely injured after tripping on a depressed plumber’s cut in the roadway.

MOTOR VEHICLE ACCIDENTS

I. CITY/RECKLESSNESS

P Litigation pending in four cases in which Officers were severely injured after police vehicles went through steady red lights striking the Officers’ RMP.

P $750,000 settlement for Officer injured after his partner drove the RMP through a steady red light causing accident.

II. PRIVATE

P Litigation pending in several cases in which Officers’ were injured in motor vehicle accidents where the civilian motorists failed to yield to an emergency vehicle.

III. OFF-DUTY ACCIDENTS

P Litigation pending in several cases in which Officers’ were injured in off-duty motor vehicle accidents where the civilian motorists were negligent in its operation.

IV. RETIRED MEMBERS OF THE SERVICE

P $100,000 for retired Detective after injuring his knee in a motor vehicle accident.

P $475,000 for retired Detective after being struck by a motor vehicle while he was walking his dog.

P Litigation pending for a retired Police Officer injured in a motor vehicle accident.

V. FAMILY

P $100,000 for father of Police Officer injured in a motor vehicle accident.

P $500,000 for sister of Police Officer injured in a motor vehicle accident.

>> Continued