FDNY Rescues Man in Jamaica Bay; He Then Sues for Injuries Sustained During Rescue
Frank Marino was involved in a water rescue incident in Jamaica Bay, New York in 2014. During the rescue operation, Mr. Marino, who was in distress in the waters of Jamaica Bay, was approached by members of the Fire Department of the City of New York, Marine Division. In their effort to rescue him, the marine rescue team utilized a boat equipped with outboard motors. Mr. Marino alleged that the Fire Department's Marine Division acted negligently during the rescue operation. Specifically, he contended that after the rescuers threw a rope to aid in his retrieval, they failed to exercise due care in controlling the boat's movements, allowing him to drift dangerously close to the spinning propellers of the outboard motors. This resulted in him coming into contact with the propeller, causing severe physical injuries. Mr. Marino initiated this lawsuit seeking compensation for personal injuries sustained by him and filed the said suit against the Fire Department of the City of New York and the City of New York. The Defendants filed a motion for summary judgment seeking dismissal.
The Lawsuit
The lawsuit was filed by Mr. Marino in 2014, wherein he alleged a claim of negligence against the Fire Department of the City of New York, Marine Division. He contended that they did not sail the boat properly and exercised poor judgement while rescuing him. He further alleged that the water currents were normal and if the Defendants had sailed carefully there was no chance of him coming in contact with the propeller and injuring himself. His medical records suggested that he suffered significant injuries including deep lacerations and nerve damage. In their motion for summary judgment, the Defendants argued that their actions during the rescue were reasonable under the circumstances. Any injuries sustained by Mr. Marino were the result of unforeseen or unavoidable risks inherent in a water rescue operation. The Queens County Supreme Court reviewed similar cases and noted that before suing a government body - such as the Defendants, the Court must first determine whether they were engaged in a proprietary function (like a private business) or a governmental function (performing duties for public safety or under official authority). Defendants were on government duty and to establish negligence Mr. Marino must prove a specific obligation owed by the Defendants to him individually, beyond the Defendants’ general duty to the public. The Court held that the Defendants were acting in a governmental capacity, and there is no special duty that they owed to Mr. Marino. Establishing special duty requires showing that the Defendants volunteered to help him, knew that some harm could result from their inaction, had direct contact with Mr. Marino, and that Mr. Marino justifiably relied on their actions. None of these factors could be established by Mr. Marino and based on this, the Supreme Court granted Defendants’ motion for summary judgment on December 23, 2019, and dismissed negligence as a cause of action. Mr. Marino appealed.
The Appeal
In Marino vs City of New York, the Appellate Court upheld the findings of the Supreme Court. The Court applied the same principle as the Supreme Court and stated that the Defendants were entitled to have the negligence claim dismissed as they did not owe Mr. Marino a special duty, and Mr. Marino failed to present evidence to dispute the same. Mr. Marino also did not show that the Defendants gave him a false sense of security, caused him to rely solely on them for help, or left him in a worse position. The Appellate Court also noted that there was no evidence that the Defendants took any reckless steps and sailed the boat despite knowing that there was a safety hazard. Therefore, the Court correctly granted the Defendants' request to dismiss the negligence claim.
Sternberg Injury Law Firm
Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases, including those caused by negligence. We are capable of accepting cases in all regions of New York state, including locations such as Woodhaven, Richmond Hill, and Ozone Park. Our firm takes on failed rescue cases. We will evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. To initiate the procedure, please contact us today via our website, email, or phone call.