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Employment & Labor Law for Public Safety Agencies
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Injuries to Employees
Monthly Law
Journal Article: Legal Aspects of Training
Injuries -- Part One, 2007 (8) AELE Mo. L. J. 201.
Monthly Law Journal Article: Legal Aspects of Training Injuries
-- Part Two, 2007 (9) AELE Mo. L. J. 201.
A sheriff’s deputy was seriously injured during a training exercise conducted
at a U.S. Navy military base. The injury occurred when
she jumped from the training structure onto a set of mats and landed in a gap
between them. She sued the federal government under the Federal Tort Claims Act
(FTCA), 28 U.S.C. 2671 et seq., claiming that Navy officers negligently allowed
the structure to remain in a dangerous condition and failed to warn her of the
dangerous gap between the mats. A federal appeals court ruled that the challenged
Navy actions or inactions fell within the FTCA’s “discretionary function
exception” and therefore that Congress had not waived sovereign immunity for
plaintiff's claim. Dismissal of the lawsuit was upheld as the Navy’s decisions
regarding the maintenance of its military bases for use by civilian law
enforcement involved policy judgments that Congress sought to shield from tort
liability under the FTCA. Wood v. United States,
#15-2106, 2017 U.S. App. Lexis 106 (4th Cir.).
A former city police officer
claimed that exposure to asbestos during his employment caused his diagnosis of
mesothelioma. The officer and his wife sought permission to serve a late notice
of claim on the city. The city argued, in opposition, that leave should be
denied because N.Y. Gen. Mun. Law 207-c provides the exclusive remedy for the
alleged work-related remedies. At issue on appeal was whether a police officer
who is entitled to receive benefits under section 207-c for a duty-related
injury is barred from bringing a claim against his or her employer under N.Y.
Gen. Mun. Law 205-e. The highest court in New York held that section 205-e does
not bar a lawsuit by a police officer who suffers a line-of-duty injury caused
by the employer’s statutory or regulatory violations when that police officer
is employed by a municipality that has elected not to provide coverage pursuant
to the Workers’ Compensation Law. Diegelman v. City of Buffalo, #168, 2016 NY
Slip Op 07817, 2016 N.Y. Lexis 3532.
An employee of a water district was the victim of
a staged mock robbery planned by her co-workers. She had not been told of the
plan, handed over the money, ad later received treatment for psychiatric
injury. She sued the employer and four co-employees for assault and intentional
infliction of emotional distress, and a jury awarded her $360,000 in damages.
Overturning an order granting a new trial, a California intermediate appeals
court acknowledged that the usual rule is that workers' compensation is the
exclusive remedy for injuries arising out of and in the course of employment
arising out of work, but in this case, the complaint did not concede that the
case was within the Workers' Compensation Act. The evidence was able to support
a finding that the work was not a contributing cause of the injury, and a
theory that they fell within the assault exception to the workers' compensation
exclusivity rule. Lee v. West Kern Water Dist., #F070772, 2016 Cal. App. Lexis
985, 81 Cal. Comp. Cases 966.
Two inmates tried to
escape from a state prison and intentionally murdered a guard during the
attempt. One of the prisoners had repeatedly escaped from a state juvenile
school before entering the prison at age 15, and subsequently made escape
attempts in prison. The other prisoner also had previously been found to have
been planning an escape attempt. The estate of the deceased guard claimed that
prison officials violated his substantive due process rights by failing to
protect him against the murder and by having made various decisions to house the
two prisoners in the general population, at times allegedly based on
negotiations to end hunger strikes. A federal appeals court found that prison
officials were properly granted qualified immunity on substantive due process
claims. While paperwork was not always completed for discretionary housing
decisions for the two prisoners, the warden had the power to move them. The
correctional department's policy on warden discretion on inmate housing
placement did not shock the conscience, and the warden did not act with
deliberate indifference in failing to place the inmates in maximum security or
allowing them to hold their prison jobs. Estate of Johnson v. Weber, #14-2383,
2015 U.S. App. Lexis 7327 (8th Cir.).
A South Carolina prison guard was attacked and shot
multiple times in his home, with the attack ordered by a an inmate at the
prison where he worked, using a contraband cell phone to talk to the shooter.
The injured guard and his wife sued a number of cellular phone service
providers and owners of cell phone towers in state court, asserting claims for
negligence and loss of consortium. The lawsuit was removed to federal court,
and claimed that the defendants were aware that their services and towers
facilitated prisoners' illegal use of cell phones, creating an unreasonable
risk of harm to others, including the plaintiff. A federal appeals court found
that the trial court was erroneous in finding that there was federal question
of jurisdiction over the claims, as the Federal Communication Act did not completely
preempt the state law claims. The case was properly removed to federal court on
the basis of diversity jurisdiction, but the plaintiffs failed to state a claim
as a matter of law, since there was insufficient information about the
specifics of what occurred. The plaintiffs did not identify the wireless
service provider who carried the alleged call or when the alleged call
occurred. "A wireless service provider would likely be unable to determine
whether it carried the alleged call without more identifying information."
If further investigation revealed new information, the plaintiffs were free to
file a new lawsuit, but currently, the complaint "resembles a prohibited
fishing expedition rather than a properly pleaded complaint." Johnson v.
American Towers, LLC, #13-1872, 2015 U.S. App. Lexis 4844 (4th Cir.).
A correctional officer was injured on the prison
grounds when he fell on an allegedly defective concrete step while walking to
work from an apartment he rented on the premises. While he received workers'
compensation for the injury, he then filed a premises liability lawsuit.
Summary judgment for the state was reversed. A factual determination was
required as to whether he was acting in the course of his employment at the
time of the injury. He presented evidence that he was not required to live on
the premises as a condition of employment and the mere fact that he was injured
on property owned by his employer did not necessarily bar his personal injury
lawsuit. Wright
v. State of California, #A139034, 2015 Cal. App. Lexis 91.
A city firefighter suffered an on-the-job injury
in 1988. He entered into a settlement agreement with the city under which he
would receive lifetime medical expenses and agree to release the city from any
further claims for the injury. Later, in 2004, the city decided to stop paying
his medical expenses, contending that they were not necessary or reasonable. He
sued the city for breach of the settlement agreement, and a jury awarded him
$127,500 in damages. The Texas Supreme Court found that the trial court had
lacked jurisdiction to hear the case, since the plaintiff had failed to first
exhaust his available administrative remedies before suing, as required by
statue. He should have presented his claim to the Division of Workers'
Compensation. City of Houston v. Rhule, #12-0721, 2013 Tex. Lexis 951.
A fire department "live burn" training
exercise got out of hand. A recruit participating in the exercise became
trapped on the third floor of the three-story vacant building being burnt, and
died from her injuries. Her surviving family filed a federal civil rights
lawsuit claiming that the city had acted with deliberate indifference to the
decedent's safety, in violation of substantive due process. Such a claim could
not be pursued in the absence of any evidence that the department actually
intended to inflict harm on the participating recruits, for which there was no
evidence. Slaughter v. Baltimore, #10-2436, 2012 U.S. App. Lexis 11482 (4th Cir.).
A training officer entered the area where a
training exercise simulating an arrest was being enacted. He was supposed to
fire his weapon into a sandbox, but failed to do that. When he pointed his gun
at a prone officer playing the role of the arrestee, the weapon discharged,
killing him. His surviving family filed a federal civil rights lawsuit
asserting Fourth, Eighth, and Fourteenth Amendment claims. A federal appeals
court found that the plaintiffs had not adequately alleged a Fourth Amendment excessive
force claim, merely mentioning the Fourth Amendment without stating how it was
violated. The Eighth Amendment claim was also inapplicable as there was no
criminal prosecution or "adjudication of guilt" against the dead
officer. The court did find that the failure to follow necessary safety
precautions could be found to "shock the conscience" in violation of
substantive due process. There was no basis for liability claims against the
mayor or municipality, however, since the mayor was not involved and there was
no showing that the death was caused by an official policy or custom. Due
process claims against defendant officers present at the incident, including a
supervisor, could proceed, as well as claims against some police defendants not
present that day, but who had direct responsibility for the training exercise.
Marrero-Rodriguez v. Municipality of San Juan, #11-1195, 677 F.3d 497
(1st Cir. 2012).
95.1 percent of 10,563 eligible World
Trade Center responders have agreed to share in a $712.5 million settlement. It
establishes four compensation tiers, based on the severity of injuries they
sustained arising from their response to the 9/11 terrorist attacks. In re
World Trade Center Litigation, #1:2021mc00100 (S.D.N.Y.).
Chapter 13 bankruptcy court refuses to discharge
a personal injury claim brought by an off-duty police officer who alleged that
the debtor intentionally assaulted her. Woods v. Roberts, #08-15099, 431 B.R.
914, 2010 Bankr. Lexis 257 (Bankr. S.D. Ind.).
Illinois appellate court denies benefits to a
firefighter who sustained a rotator cuff injury when he replaced a hose in a
fire truck after returning from a response call. The Illinois Public Safety
Employee Benefits Act (820 ILCS 320) limits recovery for firefighters to a
"response to what is reasonably believed to be an emergency." Oskroba
v. Vil. of Hoffman Estates, #1-09-2634, 2010 Ill. App. Lexis 942 (1st Dist.).
Divided appellate court panel denies a police
officer's application for a line-of-duty disability pension. The claimant
alleged a disabling injury during a baton training exercise. Three treating
physicians described the claimant as not believable, and one noted a
pre-existing neck injury. Kramarski v. Bd. of Tr. of Orland Park Police Pension
Fund, #1-09-1557, 2010 Ill App. Lexis 654 (1st. Dist).
Workers' Comp is the exclusive remedy for jail
nurses, who were held hostage by inmates, including one who was shot by a
police officer during the recapture of the inmates. Hunt v. CCA, #1D09-1260,
2010 Fla. App. Lexis 6661 (1st Dist.).
Workers' Comp is the exclusive remedy for a
corrections officer who was assaulted by an inmate. Abrams v. Dept. of Reh.
& Corr., #2006-04679, 2010-Ohio-1530, 2010 Ohio Misc. Lexis 30 (Ohio Ct.
Cl.).
A city police officer who was accidentally shot by a
county sheriff’s deputy during a joint operation is denied recovery in his
negligence claim. The plaintiff was effectively a county employee for purposes
of the joint operation, and his claim was barred by law. Connery v. County of
Albany, #508265, 2010 NY Slip Op 2713, 2010 N. Y. App. Div. Lexis 2634 (3rd
Dept.).
A firefighter who suffered a catastrophic injury
during an emergency training exercise was entitled to receive continuing health
insurance benefits after he was on line-of-duty disability. The Illinois Public
Safety Employee Benefits Act does not differentiate between actual and
simulated emergencies; 820 ILCS 320/10(b). The plaintiff was told that a fellow
firefighter was in urgent need of rescue and that he should respond as if it
were a real emergency. Lemmenes v. Orland Fire Prot. Dist., #1-09-1133, 2010
Ill. App. Lexis 257 and 2010 Ill. App. Lexis 30 (1st Dist.).
• Editor’s Note: The panel wrote, “Finally, we
are aware of the recent majority holding in Gaffney v. Board of Trustees of
Orland Fire Prot. Dist., 921 N.E.2d 778 (2009), an opinion issued by the 6th
Division of this court. That opinion, issued shortly before the case at bar
appears to reach the opposite conclusion. As noted, we believe the requirements
of section 10(b) of the Act mandate an analysis of the facts of each case. The
facts of the instant case do not lend themselves to the holding reached by the
majority in Gaffney and we decline to follow that holding. We note that there
was a strongly worded dissent in Gaffney in which the dissenting judge rejects
the extremely narrow construction of section 10(b) of the Act …”
Federal judge rejects a $657.5 million proposed
settlement agreement between "Ground Zero" workers and New York City,
which would compensate more than 9,000 first-responder claimants with
respiratory conditions. The court concluded that the plaintiffs would be
inadequately compensated. The amounts would have varied according to the
severity of their illnesses and the level of their exposure to contaminants. In
Re: World Trade Center Disaster Site Litigation, #1:21-mc-100 (S.D.N.Y.).
Illinois Supreme Court holds that a statute
cannot abolish the "Fireman's Rule retroactively. "A retroactive
change in the law that imposes a new duty is ... a violation of the due process
clause of the Illinois Constitution, and the legislature is without authority
to enact such a law even if that is its express intention." In 2004 the
Illinois legislature modified the harsh effects of the "Fireman's
Rule" and clearly expressed an intent that the statute be given
retroactive effect for claims that were pending at the time. 425 ILCS 25/9f
(2004). Lazenby v. Mark's Construction, # 107192, 2010 Ill. Lexis 10 (2010).
Third Circuit affirms a summary judgment for the
city in an action brought by a police officer and his spouse, claiming that the
city exposed him to dangerous conditions in violation of his due process
rights. A governmental employer owes no constitutional obligation to provide
its employees with minimum levels of safety and security in the workplace.
Additionally, the officer failed to prove that his injuries were caused by a
municipal policy or custom. Rodriquez v. City of Philadelphia, #08-4784, 2009
U.S. App. Lexis 21929 (Unpub. 3rd Cir.).
Arbitrator enforces a contract clause that
provides that in the case of non-severe injuries, a firefighter “can elect to
go to [a city physician] or to the employee’s health care provider.” IAFF L-863
(MacGovern) and City of Newton, Mass., AAA #11390-00247-09 (Daly, 2009).
Arbitrator reinstates a private sector worker
that was accident-prone. Management did not establish that he was careless or
disregarded safety rules. However, long periods of absenteeism due to work-related
injuries could furnish grounds for termination. Lehigh Specialty Melting and
United Steelworkers L-1537-3, 126 LA (BNA) 1422 (Fagan, 2009).
After statutory immunity was denied, a gun dealer
has purportedly paid $487,500 to settle a suit brought by a police officer who
was shot by a former employee that had stolen a firearm. Schramm v. Sarco Inc.,
#MRS-L-2481-04 (Morris Co. NJ Super. 2009); stlmt. rep. in N.J. Law Jour.
6/4/2009.
Federal court finds that the DEA breached its duty of
fair dealing inherent in an implied-in-fact contract with undercover informant
SGS-92-X003, known as the "Princess," by "failing to follow its
own protocol in sending her to Colombia." In 1995, the informant endured
three months in captivity in a windowless, dirt-floor room where she slept on a
straw mattress. Damages are to be computed in a separate proceeding.
SGS-92-X003 v. U.S., #97-579C, 2009 U.S. Claims Lexis 31 (2009); prior opin.
(2007).
Appellate court rejects a class action lawsuit
filed by Chicago police officers that challenged the power of the city to
recover the cost of medical expenses and wages paid them from judgments the
officers have obtained against the third parties that caused compensable
injuries. Edwards v. City of Chicago, #1-07-0741, 2009 Ill. App. Lexis 128 (1st
Dist.).
Arbitrator sustains a
grievance that management wrongfully denied paid leave for a duty-incurred
injury. Although there was no requirement that firefighters engage in physical
fitness activities at the fire station, workouts were allowed and exercise
“impacts on a firefighter’s ability to safely perform his or her job,” citing
Gray v. City of East Orange, #A-0472-05T50472-05T5, 2007 WL 1373216 (Unpub.
N.J. App. Div.). IAFF L-863 and City of Newton, AAA #113900005208 (Irvings,
2008).
Police officer was entitled to payment of his
health care premiums pursuant to the IL Safety Employee Benefits Act, after he
slipped and fell while checking a residence in response to burglar alarm. It
qualified as an "emergency" even though he did not activate his
lights or siren, and there is high incidence of false alarms, particularly
during a thunderstorm. DeRose v. City of Highland Park, #2-07-0938, 2008 Ill.
App. Lexis 1081 (2nd Dist.).
Appellate panel upholds a claim brought by a Beverly
Hills SWAT officer who broke an ankle while on vacation and while training for
a scheduled physical fitness test. Tomlin v. Workers' Comp. App. Bd., #B199429,
2008 Cal. App. Lexis 744 (2d Dist.).
Police officer, who had a history of back problems,
was required to become certified to use an ASP retractable baton. He injured
his back and underwent surgery. His subsequent suit for due process violations
and emotional distress failed to show egregious or outrageous conduct; his
physicians owed him no special duty to modify the training. Feirson v. Dist. of
Columbia, #05-7188, 506 F.3d 1063, 2007 U.S. App Lexis 25356, 26 IER Cases
(BNA) 1454 (D.C. Cir. 2007).
Federal appeals court rejects a civil rights suit
filed by an officer that was disabled from injuries received during an
expandable baton training session. The plaintiff claimed his substantive due
process rights were violated when the instructor attacked him "with a
level of force that exceeded any legitimate training objective." The court
noted that more than 1300 officers had been trained and only seven reported
significant injuries. Feirson v. Dist. of Columbia, #05-7188, 2007 U.S. App.
Lexis 25356 (D.C. Cir.).
New law requires the N.Y. Dept. of Civil Service
to log work-related accidents and injuries, the amount of time lost, the types
of injuries, and the job titles of injured workers. The bill was supported by
the state employee unions; N.Y. Sen. Bill 1710; N.Y. Civil Service Law §7(6)
(enacted 7/3/2007). Federal court refuses to dismiss a negligent training claim
by an Army base gate security officer who was injured while practicing takedown
maneuvers. Costigan v. U.S., #C06-5425, 2007 U.S. Dist. Lexis 51161 (W.D.
Wash.).
A California correctional officer that was injured
while quelling a fight between rival prison gangs, was not deprived of his
liberty interests under the federal due process clause, even if his superiors
orchestrated the fight as he alleged, because he was equipped with pepper spray
and a baton that he used to subdue the inmates and quell the fight. O'Dea v.
Bunnell, #C052673, 2007 Cal.App. Lexis 837 (3rd Dist.).
Appellate court upholds a Medical Board's
determination that a police officer's seizure disorder was not caused by a
line-of-duty injury suffered in 1998. Matter of Canonico v Kelly, #100183/04,
2007 N.Y. App. Div. Lexis 3841, 2007 NY Slip Op 02611.
New Jersey police officers and firefighters may
now recover damages from property owners or occupiers for injuries they sustain
while responding to an emergency because the state Legislature abolished the
"firemens' rule," which prevented firefighters and law enforcement
officers from recovering for injuries sustained in emergencies. An officer who
sustained head injuries sued the owners of a restaurant, alleging that they
were negligent in failing to provide adequate security at the bar. Ruiz v.
Mero, #A-28/29-06, 2007 N.J. Lexis 198.
Federal appeals court rejects a suit filed by
search, rescue, and clean-up workers at the World Trade Center site after 9-11.
The plaintiffs claimed they were given inadequate lung protection equipment.
The appellate panel holds that there was no special relationship between the
plaintiffs and defendants. Lombardi v. Whitman, #06-1077, 2007 U.S. App. Lexis
8961 (2nd Cir.).
Seventh Circuit denies recovery to a bailiff that
sued the county after a criminal defendant shot him. "[He] was paid to
protect judges and the public from the likes of [his attacker]. To the extent
this exposed him to a personal risk he took it willingly, in exchange for pay
and fringe benefits. ... Neither the text nor the history of the Due Process
Clause supports a claim that the governmental employer's duty to provide its
employees with a safe working environment is a substantive component of the Due
Process Clause. Witkowski v. Milwaukee Co., #06-3627, 2007 U.S. App. Lexis 5761
(7th Cir.), citing Collins v. Harker Heights, 503 U.S. 115 (1992).
Because it is part of a police officer's normal
duties to chase suspects in the process of arresting them, a N.Y. appellate
court has held that the incident emanated from a risk inherent in the police
officer's regular job duties. The officer did not qualify for accidental
disability retirement benefits. Pappalardo v. Hevesi, #500823, 2006 N.Y. App.
Div. Lexis 13607 (3rd Dept. 2006). {N/R}
Workers at Ground Zero allowed to proceed with
air quality claims. In re World Trade Center Disaster Site Litigation, 21 MC
100, 03 Civ. 00007, 2006 U.S. Dist. Lexis 75020 (S.D.N.Y. 2006). [2006 FP Dec]
N.Y. Appellate Court rejects a lawsuit against
the city because of injuries sustained while wearing rubber boots selected by
his superiors. "The function of selecting firefighting equipment is
clearly a discretionary governmental function." Amodio v. City of New
York, 2006 N.Y. App. Div. Lexis 12545 (A.D. 2006). {N/R}
A police officer who was injured by responding to
disturbance at ballroom can sue the owner for inadequate security; the common
law fireman's rule was been abrogated by statute. Ruiz v. Rossi, 385 N.J.
Super. 382, 897 A.2d 407, 2006 N.J. Super. Lexis 144 (App. 2006). {N/R}
Wisconsin appellate court holds that a county
could not impose subrogation liens on settlements recovered from third parties
by sheriff's deputies who were injured in vehicle collisions. Opichka v. Racine
Co., #2005AP1807, 2006 Wis. App. Lexis 289 (2006).{N/R}
Arizona Supreme Court holds that the
firefighter's rule did not bar an off-duty firefighter, who volunteered at the
scene of an accident, from suing the person whose negligence caused the
accident. Espinoza v. Schulenburg, #CV-05-0158-PR, 2006 Ariz. Lexis 27 (2006).
{N/R}
Federal appeals court rejects a suit brought by a
blinded officer who was injured during Simunitions practice. The chief had
declined to purchase the manufacturer's training gear, and the projectile that
injured the plaintiff bypassed the riot helmet he wore. The constitution does
not require a government agency to provide a safe workplace. Moore v. Guthrie,
#04-1435, 2006 U.S. App. Lexis 4171 (10th Cir. 2006). [2006 FP Apr]
Louisiana appellate court affirms an award to a
sheriff's deputy that was injured during an on-duty training accident. In
addition to medical expenses, he received $150,000 for pain and suffering.
Albert v. Farm Bur. Insur. Co., #05-0352, 2005 La. App. Lexis 2329, 2005 WL
2864786 (2005). {N/R}
N.Y. appellate court overturns a jury verdict for
a police officer who was hit on the head with a metal "mag"
flashlight by an unknown fellow officer during an attempted arrest of a
suspect. There was no proof that the other officer acted with the requisite
intent to violate the law and "the jury verdict appears to have been the
result of speculation and conjecture." Warren v City of New York,
#2003-01860, 791 N.Y.S.2d 650, 2005 N.Y. App. Div. Lexis 2599 (2d Dept. 2005).
{N/R}
Federal appeals court affirms the dismissal of a
suit for wrongful death and injuries brought by NYC firefighters and their
survivors, claiming that Motorola intentionally sold the FDNY radios that are
ineffective in high-rise buildings. Sept. 11th Victim Compensation Fund was the
exclusive remedy of all claimants. Virgilio v. City of New York, #04-1942, 407
F.3d 105, 2005 U.S. App. Lexis 7441 (2d Cir. 2005), affirming #03cv10156, 2004
U.S. Dist. Lexis 3636, 2004 WL 433789 (S.D.N.Y. 2004). [2005 FP Jul]
Utility pays a security officer $1,065,000 to
settle her electrocution injury claim; an electric gate keypad caused extensive
burns on her left arm and rendered her left hand useless. Eshleman v. PECO
Energy Co., Philadelphia Co. Cm. Pleas Ct. (Settlement Feb. 2005). {N/R}
The "Firemen's Rule" prevents police
officers, who were overcome by chemical vapors, from suing the chemical
company. Severns v. Concord Chem. Co., #L-5494-03, 373 N.J. Super. 368, 861
A.2d 243, 2004 N.J. Super. Lexis 439 (2004). {N/R}
Illinois jury finds for the manufacturer in a
class action suit challenging the safety of the Crown Victoria "Police
Interceptor" four-door sedan. Similar suits are pending in other states.
St. Clair Co. Sheriff's Office v. Ford Motor Co. (Ill. 20th Jud. Cir. Ct.
2004). [2005 FP Jan]
Wisconsin Supreme Court allows a suit by a police
officer that was bitten by a dog. The "Firemen's Rule" did not apply
to this kind of injury. Cole v. Hubanks, #02-1416, 2004 WI 74, 681 N.W.2d 147,
2004 Wisc. Lexis 437 (2004). [2004 FP Oct]
West Virginia gun store pays $1 million to settle
a lawsuit brought by two Orange, N.J., disabled police officers who were shot
by one of twelve guns sold in a "straw" sale. Lemongello v. Will Co.,
(Unpub., Kanawha Co., WV, Cir. Ct. 2004). {N/R} Press Release.
The federal Jones Act, which protects seamen,
does not apply to a riverboat casino that is securely moored and serves no
transportation function. Martin v. Boyd Gaming, #03-30389, 2004 U.S. App. Lexis
14099 (5th Cir. 2004). {N/R}
New York's highest court reverses two verdicts
won by the widows of slain NYPD officers totaling $1.4 million, and a third
case involving an officer killed in crossfire. N.Y. state law offers a wrongful
death remedy only under narrowly defined circumstances. Although public
employers are obliged to provide a safe workplace, state law was not intended
to impose specific requirements to eliminate the special risks of police work.
Williams v. City of New York, #13, and McCormick v. City of New York, #56, 2004
N.Y. Lexis 1027 (2004). {N/R}
Police chief had no duty to prevent an off-duty
assault of one officer by another. The adoption of a code of conduct did not
impose a duty on the chief of police to protect others from harm. Murdock v.
Croughwell, SC#16987, 268 Conn. 559, 2004 Conn. Lexis 165 (2004). [2004 FP Aug]
Arbitrator finds that a sheriff's deputy timely
filed her injury report and was entitled to leave, because it was not until she
saw an orthopedic surgeon that she learned that the ailment was caused by her
continually using a computer at work. Franklin Co. Sheriff's Office and FOP
L-9, 119 LA (BNA) 708, FMCS Case #020814/14642-56 (Imundo, 2004). {N/R}
California appellate court annuls liability for
training injuries. Peace officers assume the risk of injury, under the
"firemens' rule." Hamilton v. Martinelli & Assoc., #E031683, 110
Cal.App.4th 1012, 2 Cal.Rptr.3d 168, 2003 Cal. App. Lexis 1114 (4th App. Dist.
2003). [2004 FP Apr]
New York's highest court has ruled in three
consolidated cases that police and law enforcement personnel do not have to
prove that their duties involved a "heightened risk" to receive
on-the-job injury benefits. "If the Legislature had intended to restrict
... eligibility to employees injured when performing specialized tasks, it
easily could have and surely would have written the statute to say so."
Theroux v. Reilly; Wagman v. Kapica; James v. Yates Sheriff's Dep't., No.
139-141, 2003 N.Y. Lexis 4029 (2003). {N/R}
Ninth Circuit refuses to give qualified immunity
to Oakland police officers that mistakenly killed an off-duty officer. Whether
the shooting was reasonable "depends on disputed issues" and is
"best resolved by a jury." Wilkins v. City of Oakland, 2003 U.S. App.
Lexis 23661 (9th Cir. 2003 ). {N/R}
In a study of 1,050 Baltimore City Police
officers, 78% reported they had been physically assaulted by suspects or
civilians, 77% had foot problems, 58% reported headaches, 55% complained of a
needlestick injury, 47% reported nausea, 36% reported chest pains, 35% reported
chronic back pain, 26% reported shooting someone, 20% reported migraines, 16%
reported chronic insomnia and 9% had been assaulted by a coworker. "Work
Related Injuries and Psychosomatic Problems Amongst Police Officers," a
report at the 2003 National Occupational Injury Research Symposium by Columbia
University School of Public Health Prof. Elizabeth Smailes Ph.D. et al., (10/28/2003).
{N/R}
The New Jersey "fireman's rule" does
not bar injury claims against the defendants for their negligence in starting
or failing to prevent a fire. Roma v. U.S., #02-3820, 2003 U.S. App. Lexis
19177 (3d Cir. 2003).
A federal jury in Los Angeles has awarded $2
million in damages to a retired police officer who was shot in the back by an
off-duty deputy sheriff who was trying to disarm the officer's intoxicated son
at a wedding reception. Morales v. Co. of Ventura, #2:01cv04121 (C.D.Cal.
2003). {N/R}
Federal appeals court rejects §1983 claim by the
widow of an officer who was slain by a prisoner that had not been searched
properly. The deceased knew that no weapon had been confiscated from the
arrestee. Wouters v. City of Warren, #01-2642, 2003 U.S. App. Lexis 14097
(Unpub. 6th Cir. 2003). [2003 FP Oct]
Federal appeals court holds that the widow of a
diabetic prison employee, who became sick at work, and was fatally injured in a
collision while driving home, is not entitled to collect damages from the
government. Stockberger v. U.S., #02-3651, 332 F.3d 479, 20 IER Cases (BNA) 8,
2003 U.S. App. Lexis 11601 (7th Cir. 2003). [2003 FP Sep]
New York's highest court allows a suit, brought
by an injured firefighter against a building owner, where he showed a
connection between code violations and the fire. Giuffrida v. Citibank, #2-48,
2003 N.Y. Lexis 989 (N.Y. 2003). {N/R}
Louisiana appeals court allows a deputy to sue for her
slip-and-fall injuries because officials knew the floor was dangerous when wet,
and the sheriff's office was not covered by worker's comp. insurance. Gorton v.
Ouachita Parish Police Jury, #35,432-CA, 814 So.2d 95, 2002 La. App. Lexis 920
(La.App. 2002). {N/R}
Louisiana appellate court holds that a deputy
sheriff, who was injured after slipping on a wet terrazzo floor in the
Sheriff's Office, was entitled to $451,230 in damages from the Sheriff. Gorton
v. Ouachita Parish Police Jury, #35,432-CA, 814 So.2d 95, 2002 La. App. Lexis
920 (La.App. 2d Cir. 2002). {N/R}
Louisiana affirms an over-million dollar award to
a corrections officer who was injured during a baton training exercise. Cole v.
State, #01-C-2123, 2002 La. Lexis 2454 (2002). [2002 FP Dec]
California's "Firefighter's rule", did
not automatically bar a police officer's claim for injury from a railway
crossing gate, because the "independent cause" exception may apply.
Vasquez v. N. County Transit Dist., #01-55326, 292 F.3d 1049, 2002 U.S. App.
Lexis 11095 (9th Cir. 2002). {N/R}
A security officer who claimed that he suffered
disk bulges, after falling into a pothole on the grounds he was patrolling, was
awarded $709,353 by a Los Angeles County Superior Court. Gibson v. Trizec
Warner, reported in the Calif. Bar Journal Trial Digest, March 2002. {N/R}
South Carolina Supreme Court declines to adopt
the "Firefighter's rule," a common law doctrine which limits or
prevents lawsuits brought by police, fire and corrections officers against
persons or businesses that have negligently caused their injury. Minnich v.
Med-Waste, #25468, 2002 S.C. Lexis 91 (2002). {N/R}
New York correctional facility counselor awarded
$109,000 for injuries sustained when her chair collapsed. Kwartler v. State of
N.Y., #91739 (N.Y.Ct.Cl. 2002). New York jury awards a firefighter $2.3 million
against a motorist who struck him while passing a fire truck. The plaintiff
suffered a fractured ankle, requiring surgery and six screws. McNamara v.
Hittner, #11535/00 (N.Y. Supr. Ct., Richmond Co. 2002). [N/R]
Louisiana appellate court modifies an award to a
lieutenant who was accidentally shot by a deputy. Liability was conceded by the
deputy and the sheriff; all claims against the body armor manufacturer were
voluntarily dropped. The judgment was reduced to past earning losses of
$100,000 and future losses of $180,000. Doss v. Second Chance Body Armor,
#34,788-CA, 2001 La. App. Lexis 1910, 794 So. 2d 97 (La.App. 2 Cir., 2001).
{N/R}
FLRA holds that a U.S. Park Police officer, who
was injured in a fall from his bicycle while commuting to work and fell on Park
Service property is not eligible for medical cost reimbursements or extended
leave. Police Assn. of D.C. and Interior Dept., #0-AR-3242, 2001 FLRA Lexis 12,
56 FLRA No. 19(FLRA 2001).
Police officer who was injured while trying to
make a DUI arrest, could not make a valid uninsured motorist claim against his
personal insurance company. Kelly v. Toth-Kip, 763 So.2d 355, 1998 Fla. App.
Lexis 7529. {N/R}
Appellate court allows a wrongful death lawsuit
against a supervisor who refused to allow a coworker to perform CPR on the
dying worker. Barnes v. Dungan, 690 N.Y.S.2d 338, 1999 N.Y. App. Div. Lexis
5556. [2000 FP 10]
A property owner was not liable to a police
officer who was hurt when a chain-link fence bent inward as he pursued a
suspect. Wedlock v. Troncoso, 712 N.Y.S.2d 328. {N/R}
California appellate court denies damages to an
officer who was injured by an instructor at a privately-operated training
program. Public policy, and the “Firefighters' Rule,” prevents a monetary
recovery. Pfau v. Kim's Hapkido, # E021751, 74 Cal.App.4th 58, 87 Cal.Rptr.2d
588, 1999 Cal.App. Lexis 743. [1999 FP 156-7]
New York's highest court affirms a monetary
judgment received by a police officer, who sued the city for her injuries,
caused by a collision, when her partner ran a red light. Gonzalez v. City of
New York, 93 N.Y.2d 539, 715 N.E.2d 489, 1999 N.Y. Lexis 1422. {N/R}
California appeals court remands $3.25 million
verdict for estate of an officer killed in a training action. Worker's comp.
prevents recovery against the city, but not the shooting officer. Brassinga v.
City of Mountain View, 1998 Cal.App. Lexis 729, 77 Cal.Rptr.2d 660 (1996).
[1998 FP 156]
Colorado Supreme Court rejects damage suit
brought by a corrections worker who was taken hostage. Constitution does not
guarantee a safe environment for prison employees. Henderson v. Gunther, 931
P.2d 1150, 1997 Colo. Lexis 66. [1997 FP 72]
N.Y. courts affirm a judgment won by a NYFD
firefighter who sued the city for burns caused by inadequate protective
clothing. Damages reduced from $1 million to $400,000. Lyall v. City of N.Y.,
645 N.Y.S.2d 34, 1996 N.Y. App.Div. Lexis 7197; review den., 34 G.E.R.R. (BNA)
1606. [1997 FP 24]
Police officer, who was accidentally shot during
a training program, wins $3.25 million against city. Brassinga v. City of Mt.
View, Santa Clara Co. Super.Ct. #CV744729 (1996). [1997 FP 12] REVERSED - See:
Brassinga v. City of Mt. View, 1998 Cal.App. Lexis 729, 98 Cal.Dly.Op.Srv. 6543
[1998 FP 159].
"Firefighter's Rule" barred suit by a
cross certified fire/police officer who was directing traffic at a fire, and
was struck by a firefighter's vehicle. Appellate court found plaintiff was
acting as a f/f, not a p/o. Wulforst v. Hughes, 628 N.Y.S.2d 165 (A.D. 1995).
{N/R}
California appeals court upholds medical and sick
leave claims of an off-duty CHP officer who was injured while practicing for
her annual physical fitness test. Burnett v. WCAB, 39 Cal.Rptr.2d 540 (App.
1995). [1995 FP 123-4]
California appellate court extends
"firemens" rule" to a privately employed tow truck operator.
Holland v. Crumb, 94 D.A.R. 10727 (App. 7/28/94). {N/R}
N.Y.C.P.D. officer who slipped and fell recovers
a $900,000 settlement from the city, plus a 3/4 disability pension. Phelan v.
City of New York, N.Y. Co. Sup. Ct. #19609/89, 9 (6) NJVR&A 41 (1994).
[1994 FP 150-1]
NYC firefighter wins $1 million from his city for
his pain and suffering caused by burns which could have been prevented by the
issuance of bunker uniforms. Lyall v. City of New York, #22499/86, 9 (2) J.
Verd. Rev. 11 (NY Sup. 1993). Note: verdict reduced to $400,000 by an appellate
court panel, see 645 N.Y.S.2d 34 (A.D. 1996). [1994 FP 120-1]
NYFD firefighter, injured in a city-owned
building fire, recovers $2 million for municipal/employer negligence. Cotter v.
City of New York, Bronx Co. Sup.Ct. No.18151/86, 36 ATLA L.Rptr. 14 (1992).
[1993 FP 56-7]
A public employee cannot claim a work-related
injury is a civil rights violation simply because the employer failed to
provide a minimum level of worker safety. Collins v. City of Harker Heights,
503 U.S. 115, 112 S.Ct. 1061 (1992). [1992 FP 74-5]
Employee who drank cleaning solvent in a soda pop
bottle left in the workplace wins verdict for lost wages and posttraumatic
stress disorder. Contributory negligence reduces award. Walsh v. Staten Island
Rapid Transit, U.S. Dist. Ct. #C85 Civ 3827 (S.D.N.Y. 1988). [1992 FP 88-9]
Keyboard operations linked to carpal tunnel
syndrome. Lettering Unlimited v. Guy, 582 A.2d 996 (Md. 1990). [1992 FP 151]
Corrections health worker and spouse recover
$5.25 million for HIV infection; inmate escort officers, themselves fearing infection,
refused to quell a struggle with a prisoner with AIDS. Doe v. State of New
York, 30 (1474) G.E.R.R. (BNA) 1035 (NY Ct.Cl. 1992). [1992 FP 154]
Sergeant who suffered back injuries when a chair
collapsed settles his product liability suit for $1.2 million. Dorsey v. Globe
Furniture Co. and Faltless Mfg. Co., Albany Co. N.Y. Sup. Ct. (6/19/91).
Undercover officer injured by suspect in
narcotics stop wins $136,771. Defendant had previously escaped assault charges
for shooting two other undercover officers. [Ward] Dohman v. [Riley] Housely
III, Hennepin Co., Minn. (5/23/91), as rptd. in the St. Paul Pioneer-Press
(5/25/91).
Passenger police officer can sue her partner for
negligent driving; compensation laws no bar to recovery. Mitsuuchi v. City of
Chicago, 518 N.E.2d 313, 164 Ill.App.3d 815 (1987).
Police officer who lost leg in bomb explosion
recovers $1.75 million against city on inadequate training theory. Pascarella
v. City of New York, 516 N.Y.S.2d 579 (Sup. 1987).
New York renews support for the "firemen's
rule'; denies recovery for injuries caused by another's negligence. Santangelo
v. State of N.Y., 494 N.Y.S.2d 49 (Ct. Cl. 1985).
Firefighter's suit against his captain for
negligence is upheld; $150,000 in damages awarded. Hanas v. Rasmussen, 484
N.E.2d 63 (Ind.App. 1985).
Fire dept. must pay $125,000 to volunteer
firefighter injured in collision; fire truck operated without lights, siren.
Sellersburg Vol. Fire Dept. v. Edwards, 463 N.E.2d 508 (Ind.App. 1984).
Officer loses suit against chief for injuries
suffered while working alone on night patrol in a high crime area. Kirkpatrick
v. City of New Orleans, 405 So.2d 562 (La. App. 1982).
California supreme court affirms harsh result of
“firemen's rule”; police officer could not recover damages against citizen.
Hubbard v. Boelt, 620 P.2d 156 (Cal. 1980).
Highway patrolman receives $52,450 for head-on
collision injuries. Marsden v. Charles, #18798 Lander, Wyo. (1979).
Firefighter recovers $100,000 in fall off rig.
Fuina v. City of New York, #4178-75 (1979).
Jury awards firefighter $500,000 for injuries
sustained; state receives directed verdict, case appealed. Day v. Mass.
Turnpike Authority, Case #182979 (1978).
Deputy sheriff shot by city police, recovers
$1,650,000 for brain damage and loss of eye. Jenkins v. City of Detroit, Wayne
Co. Cir. Ct. #17-207-339-CX (1978).
Department has right to sue third party for
medical treatment expense of injured officer. Dept. of Law Enforcement v. Willis,
378 N.E.2d 239 (Ill.App. 1978).
City has right to sue third party for medical
treatment furnished injured employee. City of Buffalo v. Derblick, 410 N.Y.S.2d
529 (Misc. 1978).
New York court sustains right of firefighters to
sue vehicle driver for negligence; collision occurred during emergency run.
Donovan v. Rapid Ray's Printing & Copying, 403 N.Y.S.2d 407 (Misc. 1978).
Florida court adopts firemen's rule to fire and
police injuries; no recovery against owner for negligence. Whitten v.
Miami-Dade Water & Sewer Auth., 357 So.2d 430 (Fla. App. 1978).
Illinois Supreme Court denies recovery to injured
firefighters; gas station owner excused from liability in spite of statutory
violations. Washington v. Atlantic Richfield Co., 361 N.E.2d 282, 66 Ill.2d 103
(1976).
Contributory negligence discussed. Gerhart v.
City of New York, 393 N.Y.S.2d 6 (A.D. 1977).
Car manufacturer sued by firefighter burned in
explosion; design defect in gas tank can impose product liability. Court v. Grzelinski,
363 N.E.2d 12 (Ill.App. 1977).
Railroad grade crossing recovery. Central of
Georgia R.R. Co. v. Schnadig Corp., 228 S.E.2d 165 (Ga. App. 1976).
Helicopter crew killed en route to car accident.
Estates denied recovery under "rescue doctrine'. Maltman et al v. Sauer,
530 P.2d 254 (Wash. 1975).
See also: Civil Liability;
Disability Rights & Benefits; Products Liability; Workers"
Compensation; Workplace Violence.