Unanimous Defense Verdict, Sicignano v. NYCTA

A unanimous defense verdict was obtained in favor of the firm’s client New York City Transit Authority in the matter of Sicignano v. NYCTA,. Here, plaintiff, a New York City Firefighter, claimed that he was caused to fall while exiting the Prince Street subway station due to a defective railing which had become loose due to rusting. He had just responded to a track fire. Plaintiff’s claim was pursued under General Municipal Law 205-a, the so called “Firefighter’s Rule,” which allows recovery for injured firefighters where a reasonable connection to a code violation is proven and precludes the jury’s consideration of comparative negligence. Plaintiff sustained a torn rotator cuff and underwent two arthroscopic surgeries to repair it. Partner John V. Wynne argued that while the rust condition was present, it bore no reasonable connection to plaintiff’s fall. Plaintiff put testimony from Stanley Fine, .P.E. and Robert Goldstein, M.D. Plaintiff’s counsel was Sullivan, Papain, Block, McGrath & Cannavo, PC. Plaintiff’s demand was $750,000; Defendant’s offer: $0. Honorable Carol Huff presided. Supreme Court, New York County, Index 110337/2010. Verdict April 30, 2013.