Jury Rules Against NY Firefighter Who Lost Leg in Accident

A New York jury has ruled against a volunteer firefighter who was struck by a car while responding to an alarm, and sought damages for personal injury.

Steven Hochman of the Seaford Fire Department, was responding to the fire station for a run on November 14, 2010. He was struck while crossing the street in front of the station. Hochman’s leg had to be amputated last year as a result of the accident.

Hochman sued the driver who struck him, Kevin McCarthy, as well as a fire captain, Thomas Cattone, for negligence. He alleged Cattone parked his truck on the sidewalk across the street from the station in such a way that made it impossible to see McCarthy’s vehicle coming.

At trial, McCarthy argued that he was unable to see Hochman on the sidewalk due to Cattone’s vehicle.

The case was tried before Nassau Supreme Court Justice Leonard D. Steinman. A jury of six ruled against Hochman.

Newsday quoted Robert Danzi, Hochman’s attorney, as saying “I talked to jurors afterward, and they believed Cattone was parked on the sidewalk blocking visibility. But the judge’s charge to jury was that we had to show that Cattone was willfully negligent. We think his charge was too severe and that he misapplied the law.” Danzi said an appeal is likely.

Here is more on the story.