He was one of five firefighters disciplined for drinking on the job and then lying about the attack to conceal their night of boozing it up in the firehouse.
In the notice of claim filed yesterday, Walsh's lawyer, Jonathan Reiter, points the finger back at FDNY brass for turning a blind eye to "a pattern of alcohol abuse in the firehouse" leading to the violent attack.
"The key here is when commanding officers set this type of example and encourage this type of activity by participating in firehouse drinking, these kind of events like assaults are going to happen," he said.
"Firefighters have to risk their lives fighting fires. They should not have to risk their lives sitting in firehouses," said Reiter.
Walsh's jaw and eye socket were smashed and his nose almost ripped off by firefighter Michael Silvestri, 41, in an argument over Elvis Presley's birthday, according to a report by the city Department of Investigation.
Reiter said the city's report was "full of inaccuracies" including the accusation that Walsh came up with the lie that he had "fallen down stairs" in an attempt to cover up the attack and the drinking.
"Walsh was out on his feet. You could have told Walsh he was Mickey Mouse," he said, adding, "The city is already circling the wagons and attempting to spin the facts to head off its obvious liability for Walsh's injuries."
Four others - Lts. Gregory McFarland and Raymond Kane and firefighters Joseph Spitalieri and David Johnsen - were suspended for 30 days.
Capt. Terrence Sweeney was demoted and forced to retire for the cover-up.
Silvestri was arraigned Wednesday on assault charges and is out on $1,000 bail.
Walsh has been undergoing physical therapy since the attack.
"I can tell you his life almost came to an end that night, and right now he is concentrating on thanking God he is still with us," Reiter said.
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- Four More Suspended in Brawl at Staten Island Firehouse
- Report: NYC Firefighters Lied About Fight
- Details of FDNY Brawl Indictment Revealed
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- Taunts, Teasing Part of Firehouse Culture
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- FDNY Brawlers Face Hot Seat
- 6 NYC Firefighters on Desk Duty Post-Brawl
- FDNY Brawl Leaves One Man Critically Injured
