1250 Broadway, 27th Floor New York, NY 10001

LOST HEARING CLAIM

pe03324a.gifBecause he was exposed (over the course of many years) to the sound of gunfire at a New York Police Department (NYPD) firing range, Officer Eugene Miniero claimed to have suffered hearing loss and sued to recover damages.

When the Bronx County Supreme Court denied NYPD's request to dismiss the personal injury case, New York's Finest appealed to the Appellate Division, First Department.

Since the exposure first occurred more than three years prior to the lawsuit's filing, the AD1 was of the view Miniero's case was time-barred. It also felt the City was immune from suit because the ear protectors distributed by the NYPD had been tested and certified and there was no evidence of any design related defects.

Finally, because the protectors came with a warning as to the harmful effects of exposure to gunfire noise, there was no failure to warn Miniero of the dangers extant.

That sure got muffled.

j0283933.gifTo view a copy of the Appellate Division's decision, please use this link: Miniero v. City of New York
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