POLICE OFFICER RECEIVES A $900,000 SETTLEMENT FROM CITY OF NEW YORK AFTER DCD REVIVES LAWSUIT
As highlighted in the 2010 Police Officer’s Right to Sue Newsletter, an Officer from a Bronx command received a settlement of $900,000 from the City of New York after she was seriously injured when a broken locker in the woman’s locker room fell and struck her elbow.
The Officer did not know she could sue the City of New York until she saw our latest Newsletter. Unfortunately, approximately one year elapsed from the date of accident making it extremely difficult for a Court to approve an application for permission to file a late Notice of Claim. However, DCD filed the application for permission and the application was granted by a Bronx County Supreme Court Justice.
DCD sued the City of New York pursuant to GML §205-e alleging the City of New York violated the Labor Law and Administrative Code in not providing the Officer with a safe place to work. The locker in question was previously discarded by the command because one of the four legs was missing. The discarded locker “mysteriously” reappeared in the woman’s locker room and was given to our client. On the day of the incident, the locker tipped because of the missing leg and struck our client’s elbow. The Officer required surgery to correct a damaged nerve and was subsequently awarded a ¾ line-of-duty disability pension. DCD settled the case for $900,000 prior to trial.