Police officer skids in school yard: Failure to inspect, sweep yard: Shoulder injury: Arthritis: Verdict

Law Reporter, Sep 1999

Rabinowitz v. City of New York, N.Y., Kings County Sup. Ct., No. 19459-90, Dec. 2,1998.

Rabinowitz, 30, was patrolling a school yard on a motorized 2-wheeled scooter when he skidded on an oily patch of sand. He suffered a left shoulder injury resulting in arthritis. A police officer who had earned $42,000 annually, he was awarded disability retirement and now works as a computer repairman earning $25,000 annually.

He sued the city, alleging failure to inspect and sweep the yard daily.

Plaintiff did not claim medical expenses.

The jury awarded $3.04 million.

Plaintiff's experts included Jeffrey Kaplan, orthopedic surgery, and Stuart Sachnin, vocational rehabilitation, both of New York, N.Y.; and Nicholas Bellizzi, engineering, Holmdel, N.J.

Defendant's expert was Edward Toriello, orthopedic surgery, Middle Village, N.Y.

Plaintiff's Counsel:

*Glenn P. Dolan, New York, N.Y.