A Queens South Officer aggravated a pre-existing hip condition when, while he was escorting a prisoner to Queens Central booking, tripped on a tree stump near the entrance of central booking. The Officer had a congenital hip condition prior to the fall. As a result of the fall, the Officer’s condition required surgery and he was forced to retire on a ¾ line-of-duty disability pension.

Decolator, Cohen & DiPrisco, LLP sued the City of New York pursuant to GML §205-e claiming that the City’s failure to remove the entire tree stump left a dangerous condition in violation of the Administrative Code and Labor Law. During the litigation, DCD uncovered documents revealing that the City of New York Park and Recreation Department had previously cut down the tree and left the stump at the location where the accident occurred. DCD settled the case against the City of New York for $950,000 at a pre-trial conference.