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ARTICLE ID 192905

$________ – MUNICIPAL LAW ________ e – PLAINTIFF POLICE OFFICER FALLS 15 FEET WHEN IRON TREAD ON STAIRCASE COLLAPSES – CLOSED HEAD INJURY – SUBDURAL HEMATOMA – COGNITIVE DEFICITS – ROTATOR CUFF TEAR – LUMBAR HERNIATION – TRANSVERSE PROCESS FRACTURES – RIB FRACTURES.

Kings County, NY

This case involved a 50-year-old police officer who was an 18 year veteran of the NYPD. The plaintiff contended that the defendant violated the so called “Firefighters’ law,” General Municipal Law ________-e, by failing to adhere to provisions of the New York City Administrative Code. The plaintiff contended that she and her partner were assigned to conduct a security sweep of the entire building and its outside areas. The base of the building was in an open courtyard that was almost two levels below the street. The plaintiff maintained that as she was descending an iron staircase on the side of the courtyard after checking whether a security gate at street level was locked, a tread collapsed, and that she fell some 15 feet to the concrete below. The plaintiff’s expert engineer would have contended that the defendant violated provisions of the New York City Administrative code regarding an owner’s obligations to inspect and safely maintain property. The plaintiff’s expert contended that the stairway was badly rusted and the plaintiff would have introduced photographs of the condition.

The plaintiff maintained that she suffered a closed head injury and subdural hematoma. The head injury was treated medically. The plaintiff contended that she sustained a concussion and post-concussion syndrome, and will experience frequent headaches for the remainder of her life. The plaintiff also contended that she was left with neuropsychological deficits involving short term memory and concentration that were confirmed by a battery of neuropsychological tests. The plaintiff maintained that the deficits are permanent in nature.

The defendant maintained that the head trauma essentially resolved and denied that the plaintiff suffered any continuing neurologic deficits. The plaintiff also contended that she suffered a torn rotator cuff on the right dominant side. The plaintiff maintained that despite arthroscopic surgery, she will suffer permanent pain and limitation in the shoulder. The plaintiff further suffered transverse process fractures at L2 through L4 and a compression fracture at L2. These injuries were treated conservatively and the plaintiff contended that she will permanently suffer lower back pain. The plaintiff also maintained that she suffered a lumbar herniation, which was confirmed by MRI and which will cause permanent symptoms, and several rib fractures.

The plaintiff has retired from the force because of the injury and the plaintiff made no income claims.The case settled shortly before trial for $________.

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