Line-of-Duty Injury Lawyer Blog
A New York appeals court has held that a New York City Police Department officer injured when pursuing a suspect on foot across City land can proceed with his line-of-duty injury lawsuit against The City of New York, the owner of the land.
Sergeant Donald Mulham was chasing a suspect across a vacant City lot strewn with debris including crates, wood, sticks, and radios, when he sought to traverse a piece of plywood on the ground. His foot pierced through the plywood, causing career-ending injuries to his right knee and shoulder. Reversing the decision of the Richmond County Supreme Court, the Appellate Division, Second Department, held on October 16, 2013 that a violation of a city health code provision was sufficient basis for the lawsuit.
Mulham brought his claim against the City pursuant to General Municipal Law §205-e which allows for a cause of action for a police officer injured in the line-of-duty by another’s failure to follow “any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments.”