TORT
CHIEF Fay Leoussis
DEPUTIES Steven Levi, Ellen Lombardi, David Santoro
With 200 attorneys and 200 support staff, the o?ce’s largest division defends the City against over 6,000 new
personal injury and property damage cases annually. The Tort Division maintains o?ces in all ?ve boroughs and has
special subunits that focus on speci?c issues such as risk management, catastrophic injuries, and toxic torts. The
Division’s cases span a wide range of issues, including complex questions of governmental and quali?ed immunity;
matters testing the boundaries of duty and foreseeability; interpretation and application of federal and state civil
laws; the extent of property interests and the scope of recovery for violation of those interests; and straightforward
negligence cases, such as trip-and-falls, accidents in City-owned buildings, and injuries sustained from car accidents.
Managing Risk for City Initiatives
The Division’s Risk Management Unit takes a proactive role to circumscribe the City’s indemnity costs and prevent similar future
accidents or incidents. During 2010, the Unit was involved in the risk management aspects of launching a groundbreaking City
pilot program aimed at saving lives by making it possible to obtain organs from deceased donors who die in their homes. The new
program will be tested by Bellevue Hospital, the NYPD, and the FDNY.
Amassing Verdicts for the City
In 2010, 1 of the Division’s cases progressed to verdict, and 77 were won, demonstrating an impressive win rate of 67 percent. Of
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particular mention, the Manhattan Unit of the Division boasts a 100-percent win rate for the first six months of this Fiscal Year.
Success With Proactive Motions
The Division’s proactive approach with regard to pre-trial motions to dismiss saves both time and money while continuing to generate
favorable outcomes. During 2010, Division attorneys made 2,300 affirmative motions and achieved a 75-percent win rate.
Practice Spotlight
Landmark Settlement of 9/11 Litigation
The Division’s World Trade Center Unit worked on a historic settlement of 10,000 longstanding
personal injury claims brought by first responders and others who performed rescue and clean-up
work at Ground Zero. Worth at least $625 million, the settlement had a required 95-percent opt-in
rate in order to take effect. It provided significant closure to this divisive litigation, spanning nearly a
decade.
Tort Reform Issues
The Division, in conjunction with efforts by the Legal Counsel Division, advocates on the City’s behalf for a variety of reform measures to
contain tort payouts to reasonable amounts, thereby protecting public funds, while fairly compensating injured plaintiffs.
Measures the Division has emphasized during 2010 include:
• Linking the interest rate the public pays for judgments and accrued claims (today a required rate of 9 percent) to the 52-week
U.S. Treasury Bill rate, which is often far below 9 percent. This measure would be consistent with the rate paid for judgments in
federal court.
• Barring public compensation for a plaintiff who is equally or primarily responsible for his or her injuries. Most stat ????????????)?????????????????(+???A??????????
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