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$19,550,157 VERDICT – Product Liability – Asbestos Expsoure – Carpenter contracts ... - page 14 / 32





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The defendant in this matter Dr. Marilyn J. was the di- rector of the Caribbean Women’s Health Association, as well as an employee of the city of New York’s De- partment of Health at an earlier time. Investigation into the defendant’s actions at CWHA began first, fol- lowing an audit performed after her leaving that or- ganization’s employ. Irregularities amounting to misappropriation of funds were discovered, precipitating this suit.

Further, a criminal investigation was instituted by the City of New York respecting the defendant’s time at the Department of Health. The defendant was found through independent investigation to have misappro- priated approximately $58,544 of CWHA’s federal and state funding. These actions were accomplished through three unapproved salary increases, billing as both a salaried employee and an independent con- sultant, and billing for non-business travel expenses. The City of New York further accused Marilyn J. of, be- tween February and March 2006, criminally defraud- ing banks to the tune of approximately $2,589,000 through the falsification of information for the procurement of home mortgage loans on several properties.

Women’s Health, sought recovery of $58,544 in mis- appropriated grants, consulting fees, and other acts of criminal embezzlement.

Marilyn J. pleaded guilty in July 2010 to one count of embezzlement and one count of conspiracy to com- mit mail and wire fraud. Subsequent to the defen- dant’s plea, civil defense on this matter was withdrawn. In a one day inquest without the presenta- tion of defense, the plaintiff showed evidence of the plaintiff’s three charges.

A motion for default judgment was entered by the plaintiff and approved by Judge Mariam Sunshine. The decision awarded the Caribbean Women’s Health Association $58,544 in redress of damages.


Caribbean Women’s Health Association vs. Dr. Marilyn John. Index no. 021931/2008; Judge Mariam Sun- shine, 06-07-11.

Attorney for plaintiff Caribbean Women’s Health Association: Roger V. Archivald of Roger V. Archivald, Esq. in Brooklyn, NY. Attorney for defendant: The Hinds Firm, LLP in Brooklyn, NY.

Caribbean Women’s Health filed suit against its for- mer director in the Supreme Court of New York, Kings County. The sole plaintiff in this matter, Caribbean


$2,871,200 VERDICT

Labor Law – Construction Site Negligence – Mason sues City of New York after fall while climbing scaffold – Four broken ribs – Knee injury – Rotator cuff injury.

Bronx County, NY

In this matter, a mason on a New York City construction site sued after falling from a scaffold. The plaintiff claimed debilitating injury to his shoulder.

On February 24, 2007, the plaintiff, 53, was working as a mason on the 980 Mace Avenue School construc- tion site in the Bronx. On the exterior scaffolding to the job site there was a temporary platform area be- tween two permanent areas. While climbing the scaf- fold to reach this area, the plaintiff fell. The 12-foot drop resulted in the plaintiff’s alleged injuries, a total of four broken ribs, a knee injury and a full thickness rotator cuff injury to this right shoulder.

He was transported to Jacobi Medical Center for treatment of his dislocated shoulder. In June, his shoulder was treated surgically with an open reduc- tion and internal fixation including an anchor. In July 2008, he underwent an arthroscopic meniscectomy to address the damage to his knee. The plaintiff also

underwent a year of physical therapy, but contended that his arm’s range of motion was permanently hin- dered, which prevented him from returning to work.

The plaintiff filed suit in the Supreme Court of New York, Bronx County for his employer’s alleged violation of state labor laws. The defendants named in the suit included the City of New York (the site’s owner), the NYC Department of Education (the site’s operator) and the NYC School Construction Authority (the job’s general contractor). The plaintiff sought $4 million to $7 million for past and future medical expenses, lost earnings, work-related annuity income and pain and suffering. The plaintiff gave a demand for $3 million for pretrial settlement. The defendant offered $1.5 million.

At trial, the plaintiff accused the defendants of violat- ing § 240(1) and § 241(6) of the state’s labor code. Regarding the alleged breach of Labor Law § 240(1), they argued that defendants violated New York Codes, Rules, and Regulations, title 23, parts 1.7(f) and 23-5.3(f) which requires workers be provide stairs, ladders or ramps for scaffolds over two feet in height. Two of the plaintiff’s co-workers concurred with the plaintiff that the scaffold’s temporary platform could only be reached by climbing the structure. The failure

Volume 28, Issue 9, September 2011

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