On 3/3/2000, $350,000 settlement during jury selection for 43-year-old firefighter struck by collapsing tile ceiling in fire station’s gym due to alleged long standing leaks. Injuries sustained included L4-5 disc herniation with protrusion into the thecal sac, left shoulder impingement, and TMJ dysfunction. He was denied LOD (line of duty) retirement in his Article 78 proceeding with the Fire Department in an unrelated action. Defendant denied a defective condition existed and claimed that plaintiff had pre-existing degenerative conditions unrelated to trauma.