By Frank Donnelly
Staten Island Advance

STATEN ISLAND, N.Y. — An ex-firefighter and former Prince's Bay resident may lose most of the $878,000 in lost earnings a Staten Island jury awarded him for injuries he suffered battling a blaze almost six years ago at a New Springville bus depot.

The Appellate Division, Second Department, recently ruled the "three-quarters" accident disability pension Edward Terranova receives offsets his lost earnings award and must be deducted from it. The four-member panel, however, rejected New York City Transit's bid to set aside the verdict.

Terranova, 47, who now lives in New Jersey, was forced to retire after suffering shoulder, neck and back injuries on April 4, 2002, while fighting a fire at the Yukon Bus Depot on Yukon Avenue. The 10-year FDNY veteran fell on debris in a pump room at the depot, according to court papers. His injuries have prevented him from returning to work.

In May 2005, a jury in the state Supreme Court annex, Stapleton, found Transit 100 percent liable for Terranova's injuries. In addition to lost earnings, he received $190,000 for past and future pain and suffering, making his total award $1.07 million.

Terranova's lawyer, Jonathan O. Michaels, said his client likely would lose "the greater portion" of his lost earnings award due to the ruling, but could not say exactly how much. The case was returned to state Supreme Court to make that determination.

Michaels also could not say whether Terranova, who will continue to receive his disability pension, would appeal.

"Right now, we're weighing all our options, but we're certainly disappointed in the appellate court's decision," said Michaels, an associate with the Bronx law firm of Pena & Kahn PLLC.

A Transit spokeswoman said the agency is still reviewing the decision and contemplating a further appeal.

The appellate court ruling reversed part of an earlier decision by former state Supreme Court Justice Eric N. Vitaliano.

Vitaliano, now a federal judge in Brooklyn, had ruled there was no "direct correspondence" between the lost-earnings award and Terranova's line-of-duty disability pension benefits, and upheld the jury award.

The appellate court, however, said Terranova was entitled to retire early only because of the accident and "has a legal right to receive such payments continuously."

Consequently, his pension is a collateral source of income, which, under sate law, must be offset against his verdict award, the court said.

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