SERGEANT RECEIVES $300,000 SETTLEMENT FROM THE CITY OF NEW YORK AFTER FALLING ON AN ICE COVERED FIRE ESCAPE LANDING LEADING TO HIS OFFICE ANNEXED TO THE COMMAND
A Sergeant assigned to a Manhattan North Command suffered a torn labrum in his right shoulder after he slipped on a ice covered fire escape landing leading to his office outside the main building of the command. The fire escape was the only manner in which the Sergeant could get to his office which was annexed to the main command building. The fire escape was not properly maintained by either the NYPD or the City of New York. As a result, ice accumulated on the metal steps and the landing of the fire escape. The Sergeant attempted to gain access to his office by using the fire escape when he slipped causing him to grab onto a rail hyper-extending his shoulder while trying to keep his balance. A subsequent MRI revealed the tear, however, the Sergeant delayed his surgery and returned to duty. Several weeks later, the Sergeant re-injured his shoulder while working behind the desk when a prisoner kicked him in the injured shoulder. The Sergeant subsequently underwent surgery to repair the torn labrum and rotator cuff and was awarded a ¾ line-of-duty disability pension predicated upon the prisoner assault, not the slip and fall on the icy fire escape landing. DCD, on behalf of the Sergeant, sued the City of New York pursuant to GML §205-e, claiming the City violated Labor Law §27-a(3) and Section 28-301.1 of the New York City Administrative Code alleging the City did not properly maintain the fire escape leading to a dangerous condition. The City settled the case for $300,000 after a contentious negotiation.