COURT ALLOWS POLICE OFFICER LAWSUIT TO PROCEED AFTER RULING THAT CITY OF NEW YORK DID NOT PROVIDE THE OFFICER WITH A CRASHWORTHY VEHICLE
In a case with far reaching implications, a Bronx Supreme Court Justice ruled in favor of a New York City Police Officer who was seriously injured when his knee struck the unpadded computer bracket after his RMP was rear-ended by a civilian vehicle. The Officer required knee surgeries and was awarded a ¾ line-of-duty disability pension. DCD, on behalf of the Officer, sued the City of New York pursuant to GML §205-e claiming the unpadded computer bracket created a dangerous condition and made the RMP not crashworthy. DCD argued that GML §205-e required the City of New York to be responsible for MOS injuries resulting from being provided “faulty equipment”. In a 22 page decision, the Court ruled in favor of the Officer and concluded the City of New York is responsible in providing members of the service with functional equipment and would remain liable for an Officer’s injury as a result of being provided with faulty equipment. The case remains on the trial calendar.