Firefighter Injured in Training Sues the FDNY
Mr. Nocenzu Cusumano was employed as a firefighter with the New York City Fire Department. On December 22, 1999, he was attending the Certified First Responder Defibrillator training at Fort Totten Fire Academy, which was located in a building owned and maintained by the City of New York. During the drill, Mr. Cusumano slipped in the staircase connecting the first floor and the basement of the building and sustained severe injuries. According to Mr. Cusumano, the accident was caused by hazardous conditions at the top of the stairwell. Specifically, he alleged that debris was present on the floor, creating a slippery and unsafe surface. As a result, he lost his footing and slipped. He further claimed that he was unable to grasp the handrail on the stairs, which could have prevented the fall. Consequently, he tumbled down the entire flight of stairs, ultimately landing on the concrete basement floor. This fall resulted in significant injuries, forming the basis of his lawsuit against the City of New York and New York City Fire Department.
The Lawsuit
Mr. Cusumano testified that he sustained a significant injury to his left wrist (his non-dominant hand), which was characterized by a severe dislocation and bone fractures. This resulted in the loss of mobility of his wrist, necessitating surgeries for correction. The surgery entailed the insertion of four metallic pins to support the bones. He also had an injury to his left shoulder, which was characterized by joint stiffness and pain, resulting from degeneration and tissue impingement, which were treated through two more surgeries. He required two surgical procedures to rectify this, involving the cutting of bone fragments and scar tissue to restore mobility. He also testified to a severe injury in his knee cartilage, which took several months to recover.
In his Complaint, Mr. Cusumano relied on General Municipal Law § 205(a). This statute establishes the entitlement of an injured firefighter to seek damages from any entity whose negligence or failure to adhere to governmental mandates directly or indirectly causes the firefighter's injury. Mr. Cusumano also claimed that the Defendant failed to follow the rules outlined in Section 27-375(f) and Section 27-127 (now repealed) of the Administrative Code, both of which set out the standards for handrails on indoor staircases and maintenance of safe conditions in a building respectively.
Michael Just, a licensed architect who inspected the stairwell and measured the handrail, testified that the handrail was only 1¼ inches away from the wall, making it difficult to grip. Mr. Just explained that the handrail did not meet safety standards because it lacked proper clearance for a person to grab it securely, making the handrail unsafe under the building safety rules outlined in Administrative Code § 27-127. Other witnesses, including Lieutenant Michael Camarco, and Paul Soehren, the Deputy Director of Facilities Construction Management for the New York City Fire Department, all agreed that a handrail was an important safety feature on staircases. Nobody testified for the Defendants. On August 31, 2006, a Queens County jury awarded Mr. Cusumano $1,200,000 for pain and suffering damages (all past). Defendants appealed this judgment under CPLR 4404(a) for the said judgment being excessive.
The Appeal
In Cusumano vs. City of New York, the Appellate Court reviewed all jury trial proceedings, evidence and testimony presented by Mr. Cusumano and noted that Mr. Cusumano had stopped physical therapy and his doctor’s follow-ups after six months of this shoulder surgery. The court also noted that he commenced work as the injury was in his less dominant hand. Based on this, the Appellate Court upheld that Defendants were liable for injuries caused to Mr. Cusumano. Jury's award of damages for pain and suffering was also upheld. But, based on the review of similar cases and the fact that Mr. Cusumano discontinued physical therapy, the Appellate Court revised Mr. Plaza’s past pain and suffering damages from $1,200,000 to $755,000.
Sternberg Injury Law Firm
Since 2016, Sternberg Injury Law Firm has been dedicated to representing those affected by accidents, including slip and fall accidents. Our firm accepts cases all over New York, including locations such as Babylon Village, Munsey Park, and Huntington. Attorneys from our firm have successfully sued entities with deficient handrails. Our team understands the unique challenges these cases present and offers free consultations to help you explore your legal options. With a focus on achieving maximum compensation, our experienced attorneys are here to guide you through the process, allowing you to focus on your recovery. Reach out to us today via our website, email, or phone to start your journey towards justice.