A Manhattan North Officer received a 1.5 million dollar settlement after sustaining injuries from shrapnel while qualifying at the range. At the 7 yard mark at Rodman’s Neck, the Officer felt a sting and immediately noticed blood emanating from his temple. The Officer left the shooting area and filed a LOD injury report. The Officer was taken to the hospital and was treated and released. The Officer’s delegate instructed the Officer to contact DCD.

The Officer retained DCD who immediately filed a notice of claim against the City claiming the City violated Section 27(a)(3) of the Labor Law in not providing the Officer with a safe working environment. The Officer claimed that the target stanchions in his immediate area were reversed making it more likely bullets would ricochet toward the shooter resulting in potential injury. The City of New York vigorously defended these allegations and filed a motion in Supreme Court in an attempt to have the lawsuit dismissed.

The City claimed there was no evidence that the stanchions were reversed and that the City could not be held responsible for incidental ricochets causing injury. DCD hired a firearms ballistic and range expert from Indiana. When the expert arrived at Rodman’s Neck, the Police Department had removed all the existing target stanchions at Rodman’s Neck and replaced them with a sleeker model consisting of a circular pole.

The expert was unable to examine the stanchions which were in place at the time of this Officer’s injuries but, in fact, concluded after examining the range and witness depositions, that Rodman’s Neck was inherently dangerous. Police Officers assigned to the range testified at a pre-trial deposition that they were aware of numerous Officers being struck by shrapnel from ricochets during qualifying. In fact, one of these Officers testified he was struck and injured from a ricochet.

The expert opined that a properly configured range should never have a ricochet which endangers members of the service and that the berms located behind the target stanchions were full of lead which were responsible for a majority of the ricochets. Joseph L. Decolator, on behalf of the Officer opposed the City’s summary judgment motion. Mr. Decolator argued the Officer’s recollection that the target stanchions were reversed created a genuine issue of fact. In addition, Mr. Decolator referred to the expert’s affidavit in raising the argument that the configuration of the range was inherently dangerous and that it is unacceptable for any Officer to be injured as a result of a ricochet. Finally, Mr. Decolator’s argument that the City should be sanctioned for intentionally removing and destroying the target stanchions prior to the Officer and his representative’s having an opportunity to examine them.

Mr. Decolator was successful in defeating the City’s application and a Bronx County Supreme Court Judge allowed DCD to renew the spoliation motion against the City at trial for destroying the target stanchions. The strength of Mr. Decolator’s arguments gave DCD leverage in settlement negotiations. Dominic DiPrisco negotiated a 1.5 million dollar settlement with the City at a pre-trial conference. The Officer was also awarded a ¾ line-of-duty disability pension.