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$405,531 result- cited in The New York Jury Verdict Reporter

X/20-2 Firefighter Accident - Failure To Seal Vacant Building - Aggravation Of Preexisting Injuries Forces Retirement

Kenneth Nagle v. City of New York 20159/87 6-day trial Verdict 8/19/92 Judge Harold Baer, Jr., New York Supreme

VERDICT: $405,531 (6/0). Breakdown: $139,583 for past pain and suffering; $102,667 for future pain and suffering (31 years); $135,906 for past lost earnings; $27,375 for future lost earnings. Hearing on collateral source payments pending. Jury: 3 male, 3 female.

Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan

Deft. Atty: Gordon D. Miller of NYC Law Dept., Manhattan

Facts: Pltf. was a 44-year-old New York City firefighter assigned to Ladder #28 in Harlem. On 2/13/86 at 5:30 PM, the ladder company responded to a fire in a building located at 2738-40 Eighth Ave. in Manhattan. The building, owned by Deft., had a tire shop on the ground floor and six stories above. The building had been vacant for at least 2 1/2 years. Deft.'s Housing & Preservation Department was issued a citation by the Building Department for failure to seal the building in accordance with the building code. Pltf. claimed that he was in the tire shop extinguishing the fire when he fell from a shelf inside the shop. Pltf. also claimed that a few minutes later, a large portion of the ceiling fell on his head.

Deft. contended that the fire did not occur as a result of the building being vacant but that an arsonist set fire to rubbish in a second floor apartment which spread throughout the building. Injuries: aggravation of preexisting cervical radiculopathy; shoulder impingement; and aggravation of preexisting ulnar nerve compression which Pltf. sustained several years before the accident. He claimed that he would be unable to work until age 65. Pltf. was forced to work light duty and was subsequently retired by the Fire Department 2 months short of a promotion to lieutenant. At the time of trial, Pltf. was looking for a teaching position. Demonstrative evidence: blow-up of scene; photographs of Deft. 's building; model of spine, shoulder, and elbow; anatomical chart of upper limb. No offer; demand: $1,500,000; amount asked of jury: $1,285, 000. Jury deliberation: 4 1/2 hours. Pltf. Experts: Dr. Francis Mendoza, orth. surg., Manhattan; Conrad Berenson, economist, Woodbury. Deft. Expert: Dr. Daniel Shapiro, neurologist, Manhattan.