The NY Post reported that a settlement has been reached in the seven year case involving a resident who froze to death. Prospect Park has agreed to settle the wrongful death lawsuit filed by his family for $750,000 — while the home’s half-dozen remaining residents still suffer in freezing temperatures, according to court papers and a lawyer for the judge’s family. The late Civil Court Judge John Phillips — known in his heyday as “the kung-fu judge” because of his black belt — froze to death in his Prospect Park Residence apartment, court papers state. “Judge Phillips froze to death while confined to an unheated apartment at the defendants unlicensed facility in February 2008,” according to court papers filed by Phillips’ estate in 2010.
“The judge’s wrongful death is not an isolated incident,” said lawyer John O’Hara, who represents the Phillips estate. “He was confined and they were blocking doctors from seeing him and the heat went off and he froze to death seven years ago today. And there are still people freezing in there.”
An elderly woman who currently lives in the facility said the dining room and other common rooms are unheated and that the residents often eat in their rooms so they don’t have to brave the freezing dining room. “It was really bitter cold [at breakfast this morning.] My fingers were like ice. They had a little space heater but it didn’t generate any heat,” said the woman, who didn’t want her name used because she fears retaliation.