Monthly Law Journal Article: Legal Aspects of Training Injuries -- Part One, 2007 (8) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Legal Aspects of Training Injuries -- Part Two, 2007 (9) AELE Mo. L. J. 201.
     Illinois Supreme Court holds that a statute cannot abolish the "Fireman's Rule retroactively. "A retroactive change in the law that imposes a new duty is ... a violation of the due process clause of the Illinois Constitution, and the legislature is without authority to enact such a law even if that is its express intention." In 2004 the Illinois legislature modified the harsh effects of the "Fireman's Rule" and clearly expressed an intent that the statute be given retroactive effect for claims that were pending at the time. 425 ILCS 25/9f (2004). Lazenby v. Mark's Construction, # 107192, 2010 Ill. Lexis 10 (2010).
     Third Circuit affirms a summary judgment for the city in an action brought by a police officer and his spouse, claiming that the city exposed him to dangerous conditions in violation of his due process rights. A governmental employer owes no constitutional obligation to provide its employees with minimum levels of safety and security in the workplace. Additionally, the officer failed to prove that his injuries were caused by a municipal policy or custom. Rodriquez v. City of Philadelphia, #08-4784, 2009 U.S. App. Lexis 21929 (Unpub. 3rd Cir.).    
     Arbitrator enforces a contract clause that provides that in the case of non-severe injuries, a firefighter “can elect to go to [a city physician] or to the employee’s health care provider.” IAFF L-863 (MacGovern) and City of Newton, Mass., AAA #11390-00247-09 (Daly, 2009).
     Arbitrator reinstates a private sector worker that was accident-prone. Management did not establish that he was careless or disregarded safety rules. However, long periods of absenteeism due to work-related injuries could furnish grounds for termination. Lehigh Specialty Melting and United Steelworkers L-1537-3, 126 LA (BNA) 1422 (Fagan, 2009).
     After statutory immunity was denied, a gun dealer has purportedly paid $487,500 to settle a suit brought by a police officer who was shot by a former employee that had stolen a firearm. Schramm v. Sarco Inc., #MRS-L-2481-04 (Morris Co. NJ Super. 2009); stlmt. rep. in N.J. Law Jour. 6/4/2009.
    Federal court finds that the DEA breached its duty of fair dealing inherent in an implied-in-fact contract with undercover informant SGS-92-X003, known as the "Princess," by "failing to follow its own protocol in sending her to Colombia." In 1995, the informant endured three months in captivity in a windowless, dirt-floor room where she slept on a straw mattress. Damages are to be computed in a separate proceeding. SGS-92-X003 v. U.S., #97-579C, 2009 U.S. Claims Lexis 31 (2009); prior opin. (2007).
     Appellate court rejects a class action lawsuit filed by Chicago police officers that challenged the power of the city to recover the cost of medical expenses and wages paid them from judgments the officers have obtained against the third parties that caused compensable injuries. Edwards v. City of Chicago, #1-07-0741, 2009 Ill. App. Lexis 128 (1st Dist.).
     Arbitrator sustains a grievance that management wrongfully denied paid leave for a duty-incurred injury. Although there was no requirement that firefighters engage in physical fitness activities at the fire station, workouts were allowed and exercise “impacts on a firefighter’s ability to safely perform his or her job,” citing Gray v. City of East Orange, #A-0472-05T50472-05T5, 2007 WL 1373216 (Unpub. N.J. App. Div.). IAFF L-863 and City of Newton, AAA #113900005208 (Irvings, 2008).
     Police officer was entitled to payment of his health care premiums pursuant to the IL Safety Employee Benefits Act, after he slipped and fell while checking a residence in response to burglar alarm. It qualified as an "emergency" even though he did not activate his lights or siren, and there is high incidence of false alarms, particularly during a thunderstorm. DeRose v. City of Highland Park, #2-07-0938, 2008 Ill. App. Lexis 1081 (2nd Dist.).
    Appellate panel upholds a claim brought by a Beverly Hills SWAT officer who broke an ankle while on vacation and while training for a scheduled physical fitness test. Tomlin v. Workers' Comp. App. Bd., #B199429, 2008 Cal. App. Lexis 744 (2d Dist.).
     Police officer, who had a history of back problems, was required to become certified to use an ASP retractable baton. He injured his back and underwent surgery. His subsequent suit for due process violations and emotional distress failed to show egregious or outrageous conduct; his physicians owed him no special duty to modify the training. Feirson v. Dist. of Columbia, #05-7188, 506 F.3d 1063, 2007 U.S. App Lexis 25356, 26 IER Cases (BNA) 1454 (D.C. Cir. 2007).
     Federal appeals court rejects a civil rights suit filed by an officer that was disabled from injuries received during an expandable baton training session. The plaintiff claimed his substantive due process rights were violated when the instructor attacked him "with a level of force that exceeded any legitimate training objective." The court noted that more than 1300 officers had been trained and only seven reported significant injuries. Feirson v. Dist. of Columbia, #05-7188, 2007 U.S. App. Lexis 25356 (D.C. Cir.).
     New law requires the N.Y. Dept. of Civil Service to log work-related accidents and injuries, the amount of time lost, the types of injuries, and the job titles of injured workers. The bill was supported by the state employee unions; N.Y. Sen. Bill 1710; N.Y. Civil Service Law §7(6) (enacted 7/3/2007). Federal court refuses to dismiss a negligent training claim by an Army base gate security officer who was injured while practicing takedown maneuvers. Costigan v. U.S., #C06-5425, 2007 U.S. Dist. Lexis 51161 (W.D. Wash.).
     A California correctional officer that was injured while quelling a fight between rival prison gangs, was not deprived of his liberty interests under the federal due process clause, even if his superiors orchestrated the fight as he alleged, because he was equipped with pepper spray and a baton that he used to subdue the inmates and quell the fight. O'Dea v. Bunnell, #C052673, 2007 Cal.App. Lexis 837 (3rd Dist.).
     Appellate court upholds a Medical Board's determination that a police officer's seizure disorder was not caused by a line-of-duty injury suffered in 1998. Matter of Canonico v Kelly, #100183/04, 2007 N.Y. App. Div. Lexis 3841, 2007 NY Slip Op 02611.
     New Jersey police officers and firefighters may now recover damages from property owners or occupiers for injuries they sustain while responding to an emergency because the state Legislature abolished the "firemens' rule," which prevented firefighters and law enforcement officers from recovering for injuries sustained in emergencies. An officer who sustained head injuries sued the owners of a restaurant, alleging that they were negligent in failing to provide adequate security at the bar. Ruiz v. Mero, #A-28/29-06, 2007 N.J. Lexis 198.
     Federal appeals court rejects a suit filed by search, rescue, and clean-up workers at the World Trade Center site after 9-11. The plaintiffs claimed they were given inadequate lung protection equipment. The appellate panel holds that there was no special relationship between the plaintiffs and defendants. Lombardi v. Whitman, #06-1077, 2007 U.S. App. Lexis 8961 (2nd Cir.).
     Seventh Circuit denies recovery to a bailiff that sued the county after a criminal defendant shot him. "[He] was paid to protect judges and the public from the likes of [his attacker]. To the extent this exposed him to a personal risk he took it willingly, in exchange for pay and fringe benefits. ... Neither the text nor the history of the Due Process Clause supports a claim that the governmental employer's duty to provide its employees with a safe working environment is a substantive component of the Due Process Clause. Witkowski v. Milwaukee Co., #06-3627, 2007 U.S. App. Lexis 5761 (7th Cir.), citing Collins v. Harker Heights, 503 U.S. 115 (1992).
     Because it is part of a police officer's normal duties to chase suspects in the process of arresting them, a N.Y. appellate court has held that the incident emanated from a risk inherent in the police officer's regular job duties. The officer did not qualify for accidental disability retirement benefits. Pappalardo v. Hevesi, #500823, 2006 N.Y. App. Div. Lexis 13607 (3rd Dept. 2006). {N/R}
     Workers at Ground Zero allowed to proceed with air quality claims. In re World Trade Center Disaster Site Litigation, 21 MC 100, 03 Civ. 00007, 2006 U.S. Dist. Lexis 75020 (S.D.N.Y. 2006). [2006 FP Dec]
     N.Y. Appellate Court rejects a lawsuit against the city because of injuries sustained while wearing rubber boots selected by his superiors. "The function of selecting firefighting equipment is clearly a discretionary governmental function." Amodio v. City of New York, 2006 N.Y. App. Div. Lexis 12545 (A.D. 2006). {N/R}
     A police officer who was injured by responding to disturbance at ballroom can sue the owner for inadequate security; the common law fireman's rule was been abrogated by statute. Ruiz v. Rossi, 385 N.J. Super. 382, 897 A.2d 407, 2006 N.J. Super. Lexis 144 (App. 2006). {N/R}
     Wisconsin appellate court holds that a county could not impose subrogation liens on settlements recovered from third parties by sheriff's deputies who were injured in vehicle collisions. Opichka v. Racine Co., #2005AP1807, 2006 Wis. App. Lexis 289 (2006).{N/R}
     Arizona Supreme Court holds that the firefighter's rule did not bar an off-duty firefighter, who volunteered at the scene of an accident, from suing the person whose negligence caused the accident. Espinoza v. Schulenburg, #CV-05-0158-PR, 2006 Ariz. Lexis 27 (2006). {N/R}
     Federal appeals court rejects a suit brought by a blinded officer who was injured during Simunitions practice. The chief had declined to purchase the manufacturer's training gear, and the projectile that injured the plaintiff bypassed the riot helmet he wore. The constitution does not require a government agency to provide a safe workplace. Moore v. Guthrie, #04-1435, 2006 U.S. App. Lexis 4171 (10th Cir. 2006). [2006 FP Apr]
     Louisiana appellate court affirms an award to a sheriff's deputy that was injured during an on-duty training accident. In addition to medical expenses, he received $150,000 for pain and suffering. Albert v. Farm Bur. Insur. Co., #05-0352, 2005 La. App. Lexis 2329, 2005 WL 2864786 (2005). {N/R}
     N.Y. appellate court overturns a jury verdict for a police officer who was hit on the head with a metal "mag" flashlight by an unknown fellow officer during an attempted arrest of a suspect. There was no proof that the other officer acted with the requisite intent to violate the law and "the jury verdict appears to have been the result of speculation and conjecture." Warren v City of New York, #2003-01860, 791 N.Y.S.2d 650, 2005 N.Y. App. Div. Lexis 2599 (2d Dept. 2005). {N/R}
     Federal appeals court affirms the dismissal of a suit for wrongful death and injuries brought by NYC firefighters and their survivors, claiming that Motorola intentionally sold the FDNY radios that are ineffective in high-rise buildings. Sept. 11th Victim Compensation Fund was the exclusive remedy of all claimants. Virgilio v. City of New York, #04-1942, 407 F.3d 105, 2005 U.S. App. Lexis 7441 (2d Cir. 2005), affirming #03cv10156, 2004 U.S. Dist. Lexis 3636, 2004 WL 433789 (S.D.N.Y. 2004). [2005 FP Jul]
     Utility pays a security officer $1,065,000 to settle her electrocution injury claim; an electric gate keypad caused extensive burns on her left arm and rendered her left hand useless. Eshleman v. PECO Energy Co., Philadelphia Co. Cm. Pleas Ct. (Settlement Feb. 2005). {N/R}
    The "Firemen's Rule" prevents police officers, who were overcome by chemical vapors, from suing the chemical company. Severns v. Concord Chem. Co., #L-5494-03, 373 N.J. Super. 368, 861 A.2d 243, 2004 N.J. Super. Lexis 439 (2004). {N/R}
     Illinois jury finds for the manufacturer in a class action suit challenging the safety of the Crown Victoria "Police Interceptor" four-door sedan. Similar suits are pending in other states. St. Clair Co. Sheriff's Office v. Ford Motor Co. (Ill. 20th Jud. Cir. Ct. 2004). [2005 FP Jan]
     Wisconsin Supreme Court allows a suit by a police officer that was bitten by a dog. The "Firemen's Rule" did not apply to this kind of injury. Cole v. Hubanks, #02-1416, 2004 WI 74, 681 N.W.2d 147, 2004 Wisc. Lexis 437 (2004). [2004 FP Oct]
     West Virginia gun store pays $1 million to settle a lawsuit brought by two Orange, N.J., disabled police officers who were shot by one of twelve guns sold in a "straw" sale. Lemongello v. Will Co., (Unpub., Kanawha Co., WV, Cir. Ct. 2004). {N/R} Press Release.
     The federal Jones Act, which protects seamen, does not apply to a riverboat casino that is securely moored and serves no transportation function. Martin v. Boyd Gaming, #03-30389, 2004 U.S. App. Lexis 14099 (5th Cir. 2004). {N/R}
     New York's highest court reverses two verdicts won by the widows of slain NYPD officers totaling $1.4 million, and a third case involving an officer killed in crossfire. N.Y. state law offers a wrongful death remedy only under narrowly defined circumstances. Although public employers are obliged to provide a safe workplace, state law was not intended to impose specific requirements to eliminate the special risks of police work. Williams v. City of New York, #13, and McCormick v. City of New York, #56, 2004 N.Y. Lexis 1027 (2004). {N/R}
     Police chief had no duty to prevent an off-duty assault of one officer by another. The adoption of a code of conduct did not impose a duty on the chief of police to protect others from harm. Murdock v. Croughwell, SC#16987, 268 Conn. 559, 2004 Conn. Lexis 165 (2004). [2004 FP Aug]
     Arbitrator finds that a sheriff's deputy timely filed her injury report and was entitled to leave, because it was not until she saw an orthopedic surgeon that she learned that the ailment was caused by her continually using a computer at work. Franklin Co. Sheriff's Office and FOP L-9, 119 LA (BNA) 708, FMCS Case #020814/14642-56 (Imundo, 2004). {N/R}
     California appellate court annuls liability for training injuries. Peace officers assume the risk of injury, under the "firemens' rule." Hamilton v. Martinelli & Assoc., #E031683, 110 Cal.App.4th 1012, 2 Cal.Rptr.3d 168, 2003 Cal. App. Lexis 1114 (4th App. Dist. 2003). [2004 FP Apr]
     New York's highest court has ruled in three consolidated cases that police and law enforcement personnel do not have to prove that their duties involved a "heightened risk" to receive on-the-job injury benefits. "If the Legislature had intended to restrict ... eligibility to employees injured when performing specialized tasks, it easily could have and surely would have written the statute to say so." Theroux v. Reilly; Wagman v. Kapica; James v. Yates Sheriff's Dep't., No. 139-141, 2003 N.Y. Lexis 4029 (2003). {N/R}
     Ninth Circuit refuses to give qualified immunity to Oakland police officers that mistakenly killed an off-duty officer. Whether the shooting was reasonable "depends on disputed issues" and is "best resolved by a jury." Wilkins v. City of Oakland, 2003 U.S. App. Lexis 23661 (9th Cir. 2003 ). {N/R}
     In a study of 1,050 Baltimore City Police officers, 78% reported they had been physically assaulted by suspects or civilians, 77% had foot problems, 58% reported headaches, 55% complained of a needlestick injury, 47% reported nausea, 36% reported chest pains, 35% reported chronic back pain, 26% reported shooting someone, 20% reported migraines, 16% reported chronic insomnia and 9% had been assaulted by a coworker. "Work Related Injuries and Psychosomatic Problems Amongst Police Officers," a report at the 2003 National Occupational Injury Research Symposium by Columbia University School of Public Health Prof. Elizabeth Smailes Ph.D. et al., (10/28/2003). {N/R}
     The New Jersey "fireman's rule" does not bar injury claims against the defendants for their negligence in starting or failing to prevent a fire. Roma v. U.S., #02-3820, 2003 U.S. App. Lexis 19177 (3d Cir. 2003).
     A federal jury in Los Angeles has awarded $2 million in damages to a retired police officer who was shot in the back by an off-duty deputy sheriff who was trying to disarm the officer's intoxicated son at a wedding reception. Morales v. Co. of Ventura, #2:01cv04121 (C.D.Cal. 2003). {N/R}
     Federal appeals court rejects §1983 claim by the widow of an officer who was slain by a prisoner that had not been searched properly. The deceased knew that no weapon had been confiscated from the arrestee. Wouters v. City of Warren, #01-2642, 2003 U.S. App. Lexis 14097 (Unpub. 6th Cir. 2003). [2003 FP Oct]
     Federal appeals court holds that the widow of a diabetic prison employee, who became sick at work, and was fatally injured in a collision while driving home, is not entitled to collect damages from the government. Stockberger v. U.S., #02-3651, 332 F.3d 479, 20 IER Cases (BNA) 8, 2003 U.S. App. Lexis 11601 (7th Cir. 2003). [2003 FP Sep]
     New York's highest court allows a suit, brought by an injured firefighter against a building owner, where he showed a connection between code violations and the fire. Giuffrida v. Citibank, #2-48, 2003 N.Y. Lexis 989 (N.Y. 2003). {N/R}
     Louisiana appeals court allows a deputy to sue for her slip-and-fall injuries because officials knew the floor was dangerous when wet, and the sheriff's office was not covered by worker's comp. insurance. Gorton v. Ouachita Parish Police Jury, #35,432-CA, 814 So.2d 95, 2002 La. App. Lexis 920 (La.App. 2002). {N/R}
     Louisiana appellate court holds that a deputy sheriff, who was injured after slipping on a wet terrazzo floor in the Sheriff's Office, was entitled to $451,230 in damages from the Sheriff. Gorton v. Ouachita Parish Police Jury, #35,432-CA, 814 So.2d 95, 2002 La. App. Lexis 920 (La.App. 2d Cir. 2002). {N/R}
     Louisiana affirms an over-million dollar award to a corrections officer who was injured during a baton training exercise. Cole v. State, #01-C-2123, 2002 La. Lexis 2454 (2002). [2002 FP Dec]
     California's "Firefighter's rule", did not automatically bar a police officer's claim for injury from a railway crossing gate, because the "independent cause" exception may apply. Vasquez v. N. County Transit Dist., #01-55326, 292 F.3d 1049, 2002 U.S. App. Lexis 11095 (9th Cir. 2002). {N/R}
     A security officer who claimed that he suffered disk bulges, after falling into a pothole on the grounds he was patrolling, was awarded $709,353 by a Los Angeles County Superior Court. Gibson v. Trizec Warner, reported in the Calif. Bar Journal Trial Digest, March 2002. {N/R}
     South Carolina Supreme Court declines to adopt the "Firefighter's rule," a common law doctrine which limits or prevents lawsuits brought by police, fire and corrections officers against persons or businesses that have negligently caused their injury. Minnich v. Med-Waste, #25468, 2002 S.C. Lexis 91 (2002). {N/R}
     New York correctional facility counselor awarded $109,000 for injuries sustained when her chair collapsed. Kwartler v. State of N.Y., #91739 (N.Y.Ct.Cl. 2002). New York jury awards a firefighter $2.3 million against a motorist who struck him while passing a fire truck. The plaintiff suffered a fractured ankle, requiring surgery and six screws. McNamara v. Hittner, #11535/00 (N.Y. Supr. Ct., Richmond Co. 2002). [N/R]
     Louisiana appellate court modifies an award to a lieutenant who was accidentally shot by a deputy. Liability was conceded by the deputy and the sheriff; all claims against the body armor manufacturer were voluntarily dropped. The judgment was reduced to past earning losses of $100,000 and future losses of $180,000. Doss v. Second Chance Body Armor, #34,788-CA, 2001 La. App. Lexis 1910, 794 So. 2d 97 (La.App. 2 Cir., 2001). {N/R}
     FLRA holds that a U.S. Park Police officer, who was injured in a fall from his bicycle while commuting to work and fell on Park Service property is not eligible for medical cost reimbursements or extended leave. Police Assn. of D.C. and Interior Dept., #0-AR-3242, 2001 FLRA Lexis 12, 56 FLRA No. 19(FLRA 2001).
     Police officer who was injured while trying to make a DUI arrest, could not make a valid uninsured motorist claim against his personal insurance company. Kelly v. Toth-Kip, 763 So.2d 355, 1998 Fla. App. Lexis 7529. {N/R}
     Appellate court allows a wrongful death lawsuit against a supervisor who refused to allow a coworker to perform CPR on the dying worker. Barnes v. Dungan, 690 N.Y.S.2d 338, 1999 N.Y. App. Div. Lexis 5556. [2000 FP 10]
     A property owner was not liable to a police officer who was hurt when a chain-link fence bent inward as he pursued a suspect. Wedlock v. Troncoso, 712 N.Y.S.2d 328. {N/R}
     California appellate court denies damages to an officer who was injured by an instructor at a privately-operated training program. Public policy, and the “Firefighters' Rule,” prevents a monetary recovery. Pfau v. Kim's Hapkido, # E021751, 74 Cal.App.4th 58, 87 Cal.Rptr.2d 588, 1999 Cal.App. Lexis 743. [1999 FP 156-7]
     New York's highest court affirms a monetary judgment received by a police officer, who sued the city for her injuries, caused by a collision, when her partner ran a red light. Gonzalez v. City of New York, 93 N.Y.2d 539, 715 N.E.2d 489, 1999 N.Y. Lexis 1422. {N/R}
     California appeals court remands $3.25 million verdict for estate of an officer killed in a training action. Worker's comp. prevents recovery against the city, but not the shooting officer. Brassinga v. City of Mountain View, 1998 Cal.App. Lexis 729, 77 Cal.Rptr.2d 660 (1996). [1998 FP 156]
     Colorado Supreme Court rejects damage suit brought by a corrections worker who was taken hostage. Constitution does not guarantee a safe environment for prison employees. Henderson v. Gunther, 931 P.2d 1150, 1997 Colo. Lexis 66. [1997 FP 72]
     N.Y. courts affirm a judgment won by a NYFD firefighter who sued the city for burns caused by inadequate protective clothing. Damages reduced from $1 million to $400,000. Lyall v. City of N.Y., 645 N.Y.S.2d 34, 1996 N.Y. App.Div. Lexis 7197; review den., 34 G.E.R.R. (BNA) 1606. [1997 FP 24]
     Police officer, who was accidentally shot during a training program, wins $3.25 million against city. Brassinga v. City of Mt. View, Santa Clara Co. Super.Ct. #CV744729 (1996). [1997 FP 12] REVERSED - See: Brassinga v. City of Mt. View, 1998 Cal.App. Lexis 729, 98 Cal.Dly.Op.Srv. 6543 [1998 FP 159].
     "Firefighter's Rule" barred suit by a cross certified fire/police officer who was directing traffic at a fire, and was struck by a firefighter's vehicle. Appellate court found plaintiff was acting as a f/f, not a p/o. Wulforst v. Hughes, 628 N.Y.S.2d 165 (A.D. 1995). {N/R}
     California appeals court upholds medical and sick leave claims of an off-duty CHP officer who was injured while practicing for her annual physical fitness test. Burnett v. WCAB, 39 Cal.Rptr.2d 540 (App. 1995). [1995 FP 123-4]
     California appellate court extends "firemens" rule" to a privately employed tow truck operator. Holland v. Crumb, 94 D.A.R. 10727 (App. 7/28/94). {N/R}
     N.Y.C.P.D. officer who slipped and fell recovers a $900,000 settlement from the city, plus a 3/4 disability pension. Phelan v. City of New York, N.Y. Co. Sup. Ct. #19609/89, 9 (6) NJVR&A 41 (1994). [1994 FP 150-1]
     NYC firefighter wins $1 million from his city for his pain and suffering caused by burns which could have been prevented by the issuance of bunker uniforms. Lyall v. City of New York, #22499/86, 9 (2) J. Verd. Rev. 11 (NY Sup. 1993). Note: verdict reduced to $400,000 by an appellate court panel, see 645 N.Y.S.2d 34 (A.D. 1996). [1994 FP 120-1]
     NYFD firefighter, injured in a city-owned building fire, recovers $2 million for municipal/employer negligence. Cotter v. City of New York, Bronx Co. Sup.Ct. No.18151/86, 36 ATLA L.Rptr. 14 (1992). [1993 FP 56-7]
     A public employee cannot claim a work-related injury is a civil rights violation simply because the employer failed to provide a minimum level of worker safety. Collins v. City of Harker Heights, 503 U.S. 115, 112 S.Ct. 1061 (1992). [1992 FP 74-5]
     Employee who drank cleaning solvent in a soda pop bottle left in the workplace wins verdict for lost wages and posttraumatic stress disorder. Contributory negligence reduces award. Walsh v. Staten Island Rapid Transit, U.S. Dist. Ct. #C85 Civ 3827 (S.D.N.Y. 1988). [1992 FP 88-9]
     Keyboard operations linked to carpal tunnel syndrome. Lettering Unlimited v. Guy, 582 A.2d 996 (Md. 1990). [1992 FP 151]
     Corrections health worker and spouse recover $5.25 million for HIV infection; inmate escort officers, themselves fearing infection, refused to quell a struggle with a prisoner with AIDS. Doe v. State of New York, 30 (1474) G.E.R.R. (BNA) 1035 (NY Ct.Cl. 1992). [1992 FP 154]
     Sergeant who suffered back injuries when a chair collapsed settles his product liability suit for $1.2 million. Dorsey v. Globe Furniture Co. and Faltless Mfg. Co., Albany Co. N.Y. Sup. Ct. (6/19/91).
     Undercover officer injured by suspect in narcotics stop wins $136,771. Defendant had previously escaped assault charges for shooting two other undercover officers. [Ward] Dohman v. [Riley] Housely III, Hennepin Co., Minn. (5/23/91), as rptd. in the St. Paul Pioneer-Press (5/25/91).
     Passenger police officer can sue her partner for negligent driving; compensation laws no bar to recovery. Mitsuuchi v. City of Chicago, 518 N.E.2d 313, 164 Ill.App.3d 815 (1987).
     Police officer who lost leg in bomb explosion recovers $1.75 million against city on inadequate training theory. Pascarella v. City of New York, 516 N.Y.S.2d 579 (Sup. 1987).
     New York renews support for the "firemen's rule'; denies recovery for injuries caused by another's negligence. Santangelo v. State of N.Y., 494 N.Y.S.2d 49 (Ct. Cl. 1985).
     Firefighter's suit against his captain for negligence is upheld; $150,000 in damages awarded. Hanas v. Rasmussen, 484 N.E.2d 63 (Ind.App. 1985).
     Fire dept. must pay $125,000 to volunteer firefighter injured in collision; fire truck operated without lights, siren. Sellersburg Vol. Fire Dept. v. Edwards, 463 N.E.2d 508 (Ind.App. 1984).
     Officer loses suit against chief for injuries suffered while working alone on night patrol in a high crime area. Kirkpatrick v. City of New Orleans, 405 So.2d 562 (La. App. 1982).
     California supreme court affirms harsh result of “firemen's rule”; police officer could not recover damages against citizen. Hubbard v. Boelt, 620 P.2d 156 (Cal. 1980).
     Highway patrolman receives $52,450 for head-on collision injuries. Marsden v. Charles, #18798 Lander, Wyo. (1979).
     Firefighter recovers $100,000 in fall off rig. Fuina v. City of New York, #4178-75 (1979).
     Jury awards firefighter $500,000 for injuries sustained; state receives directed verdict, case appealed. Day v. Mass. Turnpike Authority, Case #182979 (1978).
     Deputy sheriff shot by city police, recovers $1,650,000 for brain damage and loss of eye. Jenkins v. City of Detroit, Wayne Co. Cir. Ct. #17-207-339-CX (1978).
     Department has right to sue third party for medical treatment expense of injured officer. Dept. of Law Enforcement v. Willis, 378 N.E.2d 239 (Ill.App. 1978).
     City has right to sue third party for medical treatment furnished injured employee. City of Buffalo v. Derblick, 410 N.Y.S.2d 529 (Misc. 1978).
     New York court sustains right of firefighters to sue vehicle driver for negligence; collision occurred during emergency run. Donovan v. Rapid Ray's Printing & Copying, 403 N.Y.S.2d 407 (Misc. 1978).
     Florida court adopts firemen's rule to fire and police injuries; no recovery against owner for negligence. Whitten v. Miami-Dade Water & Sewer Auth., 357 So.2d 430 (Fla. App. 1978).
     Illinois Supreme Court denies recovery to injured firefighters; gas station owner excused from liability in spite of statutory violations. Washington v. Atlantic Richfield Co., 361 N.E.2d 282, 66 Ill.2d 103 (1976).
     Contributory negligence discussed. Gerhart v. City of New York, 393 N.Y.S.2d 6 (A.D. 1977).
     Car manufacturer sued by firefighter burned in explosion; design defect in gas tank can impose product liability. Court v. Grzelinski, 363 N.E.2d 12 (Ill.App. 1977).
     Railroad grade crossing recovery. Central of Georgia R.R. Co. v. Schnadig Corp., 228 S.E.2d 165 (Ga. App. 1976).
     Helicopter crew killed en route to car accident. Estates denied recovery under "rescue doctrine'. Maltman et al v. Sauer, 530 P.2d 254 (Wash. 1975).
     See also: Civil Liability; Disability Rights & Benefits; Products Liability; Workers" Compensation; Workplace Violence.