Federal Tort Claims Act News
December 14, 2000
A 37-year-old male police officer suffered an aggravated disc injury at L4-5 when he tripped and fell while descending a stairwell in a building owned by the defendant city. The plaintiff contended that the defendant failed to safely maintain the premises, failed to warn of a dangerous depression in one of the steps, failed to fix the depression and that its negligence was the cause of his injuries and damages. The defendant denied liability and contended that the premises were maintained in a safe condition and that the depression was too small to have caused the accident.
Ortiz v. City of New York (Supreme 111857/94)
State/County: N.Y./New York. Plaintiff Attorney: Parker Waichman LLP, Great Neck, N.Y.
Defense Attorney: Gordon D. Miller, New York City Law Department, New York. Medical Witness(es) for the Plaintiff – Neurologist: Carl St. Martin, M.D., New York. Demand: 500,000. Offer: 50,000. Total Award: 225,000. Compensatory Damages: 225,000. Pain and Suffering: 225,000. Incident Date: September 1993. Trial Date: February 1999. JV Number: 376184.
December 15, 2000