OFFICER ASSIGNED TO CENTRAL BOOKING RECEIVES A $450,000 SETTLEMENT FROM THE CITY OF NEW YORK AFTER FALLING DOWN A STAIRCASE AFTER SLIPPING ON A SANDWICH
An Officer assigned to Central Booking received $450,000 from the City of New York after suffering serious injuries after slipping on a sandwich on a exclusively used staircase in Central Booking. The Officer was carrying a large milk crate and didn’t see the sandwich on the steps. The Officer fractured his right arm and tore his labrum and rotator cuff in his right shoulder. Both the shoulder and elbow tears required surgery. The Officer was awarded a ¾ line-of-duty disability pension based on a subsequent line-of-duty injury. DCD sued the City of New York pursuant to GML 205-e alleging the City violated Section 28-301.1, 27-381, 27-325(f)(g)(h) of the New York Administrative Code and Section 27-a(3) of the Labor Law. DCD also hired an architect to do a physical inspection of the staircase. The architect noted that the staircase only had one handrail. Pursuant to NYC Building Code Section 64.1.12 two handrails were required for that staircase. DCD also discovered the staircase was under the exclusive control of NYPD and that any debris on the staircase would constitute a ‘created condition’ thereby obviating the notice requirements necessary when suing a municipality. Dominic DiPrisco settled the case for $450,000 against the City of New York.