Trial Magazine

Steven Frosch operated a street sweeper for the New York City Department of Sanitation. He was at a department garage greasing the brushes on one of the street sweepers when his coworker, Antonio DeCaro, stopped another street sweeper next to him. As DeCaro was waiting, he reached down to unplug his Bluetooth radio. DeCaro’s vehicle lurched forward, crushing Frosch between the two vehicles.

Frosch, 43, suffered multiple internal crush injuries, including a severed spinal cord, a ruptured diaphragm, and spleen and kidney damage. He was pronounced dead at the scene within 10 minutes. He is survived by his wife, Colombina, and the couple’s four minor children.

Colombina Frosch, individually and on behalf of her husband’s estate, sued DeCaro and the city, alleging that DeCaro negligently failed to put his vehicle in park before reaching for his radio.

DeCaro initially argued that the street sweeper had malfunctioned, but the defendants later admitted liability, and the case proceeded to trial against the city on damages.

The plaintiffs claimed approximately $9.8 million for future lost earning capacity, arguing that Frosch had planned to retire from the department in two years and start a new career as a financial planner. The plaintiffs also sought damages for Frosch’s conscious predeath pain and suffering, as well as the children’s loss of parental care and guidance.

The city argued that Frosch suffered no conscious pain and suffering, suggesting that he had lost consciousness immediately. The defense also disputed whether Frosch would have become a financial planner and argued that future damages were speculative.

During trial, the plaintiffs demanded $18.5 million to settle. The defendants offered $6 million, which the plaintiffs rejected.

The jury awarded $41.5 million, including $25 million to the estate for future loss of pecuniary contribution, including loss of parental guidance; $15 million for past loss of pecuniary contribution; and $1.5 million for Frosch’s conscious predeath pain and suffering.

As of this writing, counsel anticipates that the city will file a motion for remittitur.

Citation: Frosch v. City of New York, No. 17285/14 (N.Y. Sup. Ct. Queens Cnty. Oct. 24, 2017).

Plaintiff counsel: AAJ members Ben B. Rubinowitz and Peter J. Saghir, both of New York City.

Plaintiff experts: Charles Wetli, pathology, Alpine, N.J.; and Kristin Kucsma, economics, Livingston, N.J.

Defense experts: John McManus, accident reconstruction, Pleasantville, N.Y.; and Ronald Quintero, economics, New York City.