SERGEANT RECEIVES A $850,000 SETTLEMENT FROM THE CITY OF NW YORK AFTER INJURING HIS KNEE ON AN UNPADDED COMPUTER BRACKET WHILE RESPONDING TO AN EMERGENCY RUN
A Sergeant received a settlement of $850,000 from the City of New York. The Sergeant was in the passenger seat of an RMP which was responding to an emergency situation with lights and sirens on. The operator was forced to slam on the brakes of the RMP to avoid a collision with a civilian vehicle. As a result, the Sergeant’s left knee slammed into the unpadded computer bracket causing a serious injury which necessitated surgery. The Sergeant was subsequently awarded a ¾ line-of-duty disability award. Unfortunately, the Sergeant did not know he could sue the City of New York and approximately 11 months elapsed from the date of the line-of-duty accident, making it extremely difficult for a Court to approve an application for permission to file a late notice of claim. DCD filed the application for permission approximately eight months after the 90-day time limitation to file expired. The application was granted by a State Supreme Court Justice. DCD then sued the City of New York pursuant to GML §205-e claiming the City of New York violated §27-a(3) of the Labor Law, Vehicle and Traffic Law §382-c and §§15 NYCRR 55.1, 55.2 claiming the unpadded computer bracket created a dangerous condition and made the RMP not crashworthy. The case settled for $850,000 at a pre-trial conference.