E-mail updates
Follow on Twitter
Subscribe to RSS
AP
David Jimenez is seen in an undated photo provided by the the Kitson Law Firm. Jimenez is suing a church for negligence after his right leg was reportedly crushed by a toppling crucifix.
Trial has been scheduled for January in the case of a man who is suing a New York church for negligence after his leg was crushed by a 600-pound crucifix.
David Jimenez, 45, of Orange County, is seeking $3 million from St. Patrick's Church, a Roman Catholic church in Newburgh, N.Y.
The lawsuit was filed in March 2011 after the church denied it was liable for the accident that resulted in six-figure medical bills for Jimenez, whose leg had to be amputated, said his attorney, Kevin Kitson of White Plains.
According to Kitson:
Jimenez, an immigrant from Mexico, started praying every day at a crucifix outside the church after his wife was diagnosed with ovarian cancer in 2008. After months of treatment and prayer, his wife’s cancer disappeared.
Convinced that it was his prayer before the crucifix that saved his wife, Jimenez asked for and was granted permission to care for the figure of Christ on the cross.
On Memorial Day 2010, he brought along his son, a bucket, a brush and soap. He was preparing to clean the large marble statuary when it snapped from from its base, crushing his right leg.
Watch the most-viewed videos on NBCNews.com
Jimenez was taken to Westchester Medical Center by helicopter, where his leg was amputated. As a result of his injury Jimenez can no longer work and provide for his family, Kitson said. Jimenez had delivery jobs for a bakery and a pizzeria.
Kitson said the heavy crucifix had just a single screw securing it to its base. "There was no anchoring system, just that one screw," he told The Associated Press.
Frank Raia of Rikin Radler, the New York law firm representing the church, wouldn't discuss specifics of the case. The church is part of the Archdiocese of New York, which isn't named as a defendant in the lawsuit, Raia told the AP.
"Although the archdiocese and St. Patrick's Church recognize and understand this was a terrible accident and they have empathy for Mr. Jimenez and his family, it's our position that the diocese and St. Patrick's Church are not liable for the accident," the AP quoted him as saying.
The suit had been set to go trial last week but was pushed back due to complications from superstorm Sandy. Trial is now scheduled for January.
This article includes reporting by The Associated Press.
More content from NBCNews.com:
- 1 in 31 no more: Gay rights movement ends dismal record
- Governor to potheads: 'Don't break out the Cheetos'
- Report: Dad says he put poison on dead son's pizza
- Zoo officials: Toddler's death in Pittsburgh shows no zoo is 100 percent safe
- Nor'easter threatens 'flying debris,' up to foot of snow in Sandy's wake
- Post Superstorm Sandy, travelers prepare for a busy Thanksgiving
Leave a Comment:
More pain and suffering the Catholic Church is apparently not responsible for.
When are people accountable for their own actions? He volunteered himself to play with the cross not
knowing how to best tend to it. Fine, pay for his medical bills and that's it....
Apparently a rep. for the church gave a parishoner permission to clean the crucifix. The presumption is that it was secured to the wall or a base. The man's leg had to be amputated, this doesn't appear to be a fraudulent accusation. It could have fallen on anyone and perhaps even killed someone. I remember as a young kid, my friends and I while waiting for our turn at confession would touch the statue near the confessional. The assumption was that it was secure and would not hurt us!! It seems negligent on the church's part. If not completely responsible, they do owe him something.
Clearly God willed it. He should be happy. Praise God!
Why would he sue since it's obviously God's will?
Wow, what a vengeful god that would slam down a cross onto the leg of a man cleaning it so it would look purtee.
Maybe it's a sign that God no longer wants to be bothered by Earth people.
:O
God gave him his wife but he had to pay with his leg, it was God's price
or
Science beat the cancer, and the Church handyman secured a 600 pound Crucifix wit one screw, not even a bolt, a screw?
God sure works in mysterious ways - inject a member of his flock with a disease so that the family will focus admiration toward him and then allow the diseased member to be cured. After being cured the family wants to heap adoration onto god by volunteering to clean pigeon $h!t off god's symbol of faith. Then god punishes the scrubber for trying to cleanse the symbol. I'm guessing that since god created the pigeon $h!t, had it deposited on the crucifix, then crushed the man for trying to remove it - god wanted it left there.
I wonder if he still thinks the cross saved his wife? Sad thing is he probably does....
What a stupid news item.....get a grip.
The church isn't claiming responsibility because they know it's a whole sham!
How hard would you push on a top-heavy stone with two screws?
The infamous church of the pedophile just can't get anything right. Very pathetic!
"As a result of his injury Jimenez can no longer work and provide for his family" He's here illegally! He should be told to replace or repair the damage he has caused and be put on the next bus home. This isn't someone that walked across our border in Arizona or any other border state; he made it all the way to New York. How many others are there? Did he tell the church he was going to climb all over the statue while he was cleaning it, putting the statue at risk of damage? Why was his son with him? We have laws against child labor. The only thing good that comes from this is the feeling I get from not having to pay for it. It's not my church!
This is a very sad story. Here was a hardworking man who was trying to make a better life for himself and his family. What is worse are the cruel judgemental comments from people like "confused". This object could have fallen down at any time on anyone given its poor installation. I wonder why it stayed up there at all. The church is absolutely responsible for this. They agreed to let him clean the crucifix. It happened on their property. They are liable. That is the purpose of liability insurance. I have seen the vatican. They can well afford to compensate this man. Whether any of you or the church like it or not, there exists in this country a rule of law. Liability is one of them. This is not a small matter. It is not a frivolous lawsuit. My aunt fell in a nursing home and fractured her arm...even they had the intelligence to foot the bill. They were liable. They knew it. If it happens on your watch, on your property, unless injury happens in the commission o a crime, you are ON THE HOOK... Sorry.
ChrisWanker
Well, the definitely would know a sham since they are running one themselves.
Religion is pure bs. Science cures and heals people, not the invisible man in the sky.
Doctors cured his wife not the prayers. This was just gods way of saying "go away!"
The lesson here is nobody should hire or allow anyone without skills, knowledge and insurance to work on or maintain your property. You are liable, regardless of your good intentions. This is what we have become.
Confused how do you know if he is here illegally? Is it because you are a racist and assume any hispanic with low skills is an illegal?
Confessed, him being an illegal makes no difference as to the Church's responsibility here. As for child labor, I assume thats sarcasm, but in case its not, I hope your kids sue you for making them clean their room, walk the dog, empty the dishwasher. We have laws against child labor. Unfortunately, in your case stupidity is not a crime.
Now after the 'illegal' wins his case and starts to collect, well then yes you can deport him. Immigration status has no bearing on legal responsibility.
Act of God?
I wonder what asinine interpretation of the bible they'll come up with this go-round to try to use in a claim of immunity under religious freedom from being sued. Seems all churches these days try to use the First Amendment as justification for hurting people all they want without reprisal, and any time we try to hold them responsible for their mistreatment of others, they scream persecution.
I see the outline of Mary in his scar
Wow so much hate comments on this page. Oh well everyone's a hypocrite I suppose.
As if the Catholic Church isn't an easy target. It's not hate, it's Karma.
Maybe he should put his leg on ebay.
Maybe God's creating more lawsuits against the Roman Catholic church to get rid of it by bankrupting it. The Roman Catholic church concerns itself only with its made-up rules and laws. It has nothing to do with the Bible, upon which it claims it is based. I hope the church dissolves within the century. It has done far more damage than good.
@Confussed The article states "an immigrant from Mexico,", just as my relatives IMMIGRATED from England. That in no way indicates that he, or my family for that matter, are "illegals".
@Holly, I think you're spot on.
Further proof that if God exists, he is one evil bastard.
Most Archdioceses apparently don't have many screws on hand ... for their church items.
Sorry, but I have to disagree. :)
Priest: "I screw this alter boy, and I screw that alter boy."
It was just one little screw, and one great big one.
How can they not be responsible for their own cross?
It fell on him!
If the church did not intall the crucifix then the company that did would possibly be liable and not the church. It depends on several different factors. If you have someone install a deck on your house and it collapses while you are having friends over and one of them is injured the contractor that installed the deck may be liable if it was not installed correctly.
That's how they might not be responsible.
Apparently it's not their cross to bear.
Sorry, couldn't resist.
catholics never take responsability for anything not the molestation of young children ,not for the iqusition, the burning times you really think they will act responsable about this . people mean nothing to catholics just the money they bring into the church . yet they shove thier beliefs down your throats
Joemike404 - If the deck collapsed because the homeowner did not properly maintain the deck, then the homeowner is responsible. Same for the church. If the church did not properly maintain the cross, they are responsible. Before the church granted permission for the victim to clean the cross, they should have verified that it was properly maintained and stable. Obviously, if only one screw was holding up a 600 pound cross, they did not do so.
Craig, it depends on how big the screw is. You are correct. If the deck was installed properly, but not maintained, AND the improper MAINTENANCE was the cause of the collapse, then the homeowner would be liable. However if the deck was improperly installed AND improperly maintained, however the collapse was SOLELY due to the improper installation, then the contractor is still on the hook.
Most of the posters here have this logic ==> Cross falls, man injured, church owns cross, church must pay.
The law is not that simply, only people are.
The church will lose this one.
Not so sure. Could be ruled an "act of God"?
Comment # 5 deleted, derail.
What actually happened:
Illegal immigrant accidentally breaks expensive cross, finds sleazebag NY lawyer to sue church and make them pay him for his clumsiness.
How do you know this guy is an illegal immigrant? That's amazing, I didn't read illegal anywhere in the article.
Chesty: upset about losing the election?
Nothing in this story abut illegal immigrants or gay marriage. Why don't you try Fox ... the site for losers? You can attack Mitt for not being conservative enough or Christie for being a traitor.
It sucks to be a rightie today, doesn't it,Chesty? Four years of posting hateful crap, in anticipation of the gleeful moment that the despised Obama goes down in defeat, and you will be able to gloat and bait the liberals, and it doesn't happen. O ups and wins re-election, thereby ruining your celebration. FOUR MORE YEARS!
Screw the beaner!
More than likely they are here illegally. Media doesn't like to use the word "illegal". The accident was unfortunate and I'm sure his medical bills have been paid since he's poor. Send them back to Mexico otherwise we'll all be paying for this since he can't work anymore. It is a sad situation, but I really can't understand why people can't enter legally? We have the laws against this but they aren't enforced. Other countries enforce their immigration laws but we're too soft. Before you start blasting me, I grew up in Texas and in a border city. Yes, a lot of them are hard workers but some are not. There are a lot of hard working Americans also that are finding it hard to get a job. People say they are just doing the jobs that we won't. That's bs. The business owners pay them less because they pretty much know they are here illegally and can get buy with it. Americans can't put food on the table because of the illegals. Plus....why can't their OWN COUNTRY take care of them? They give them maps and show them how and where to cross into the US. Nice.
What a coincidence-----
Wow, it had been standing there the whole time, but for some reason when he went to clean it, it fell off...I'm sure he had nothing to do with, didn't touch it or anything. What rotten luck.
God hates Catholics. I guess he hates conservatives, too. FOUR MORE YEARS!
Well, preparing to clean could mean he did touch it. Either way, it's pretty hard to clean something without physical contact.
But I'm guessing you're not familiar cleaning or elbow grease, huh? Or "woman's work" as I'm sure you refer to it.
church defence ? : it must have been Gods wish
Republican defense of rape, too.
Appears kinda fishy story.What Ol Doc says Act of God...Mal Suerte'
I feel for this gentleman, I really do - but as a church volunteer, I have some experience with this. I can't speak to this particular cross of course, but most crosses, in my experience, are mounted for removal for cleaning, etc. Usually, there is a cleat, held by a single screw, to keep the cross aligned. These are never meant to bear weight; just to keep the cross straight. No person who would think it through, would ever dream of trying to stand on one or use it to balance themselves in any way. While possible it was not, I find it difficult to believe this was not a handled as an insurance claim.
You are probably right about how it was mounted. When you first started volunteering at a church were you shown how tho properly care for thisgs - I bet you were because folks would realize they need to pass on the SAFE way to do things (I sure would not have known how a cross was mounted). So if the church being sued showed him how to clean it properly they are off the hook if he failed to de the work properly, and because he is a volunteer not an employee they might not even have to cover his medical costs. But if they failed to do any training they may end up owning the incident.
The Lord works in mysterious ways
He sure has a sadistic sense of humor!
Awful quiet around here tonight. Where's the Fox attack squads...this one's a real winner for them. Chesty doesn't count. I actually like some of his posts.
The Lord giveth and the Lord taketh away
Some of you people have a) no sense of basic human empathy, b) very judgmental of someone to consider them "illegal" simply because they are an immigrant, c) no common sense whatsoever....
For you to make ties to politics, religion, church scandals, to this man's misfortune is just horrible! Have you all no sense of compassion and an iota of understanding? Put yourself in his situation, you have a family, you're an immigrant (so sadly right there in the society we live in today, odds are already stacked against you (refer to the ignorant posts above from our "fellow" Americans), you suffer a tragic injury that has rendered you unable to work at least while you find the means to regain mobility with the use of a very expensive prosthesis...not to mention burdened you and your family with unimaginable medical costs.
Seriously, don't just scoff at this. Take a moment and put yourself in his situation. How would you feel to know that the hospitals will soon need you to pay them back? You can't work to even begin paying those debts back in a manner that will likely impede you from maintaining a stable financial situation with your family...you don't know where to turn for help, and the red tape that you have to cross to get some kind of assistance is thick to cut.
Think about it for a moment. Have compassion, set your jokes and witty puns aside.
So you're saying the Lord doesn't work in mysterious ways?
He doesn't work at all. He's a lazy bum.
He takes credit when a few people survive a plane crash but denies responsibility for the hundreds who died.
He's a stupid, incompetent sadist with millions of superstitious followers, willing to cover his mistakes and make up excuses and lies for his actions.
Ah, well, worship whatever you please. Or better yet, don't worship anything at all.
Elaine: "So is it a problem I'm not religious?"
Puddy: "Not for me."
Elaine: "Why not?
Puddy: "I'm not the one going to hell."
Oh...wait...you think God is Mitt Romney. I get it.
Uh... no, you don't.
Uh...yeah I do. You're an atheist...great. That saves me the trouble of me telling you where to go. I know a lot of folks like you...the ones I know are arrogant know-it-alls that think they're better than everyone in the world...like you. You will have a wonderful crash and burn. I could care less if you turn to faith when it happens...but it will happen and you'll remember this. Cheers!
Even if the guy *is* here illegally, which nobody has established, it is irrelevant to his lawsuit. If-- IF there was negligence on the part of the Church, then the man is indeed entitled to compensation, and he is entitled to do whatever he wants with the money. Too bad some people here don't understand such lofty ideas as "human rights."
Wisc:
Why did you bring Mitt Romney into this? And you're the one that brought up religion, dummy, why are you surprised that I answered? Stick to the point, you're wandering all over the place.
Yes, we're all going to die. The only difference between us then will be that you'll spend the next hundred or so years in the ground (or until they sell your plot to someone else) and I'll be ashes.
Get it now?
Elaine: "Neither am I. Hell doesn't exist."
Puddy: "STOP CRITICIZING MY FAITH! I'M SO OFFENDED"
LOL god - you're grasping at straws...the shallowness of atheism is always apparent. You'll be ashes alright....eternally. Have a nice afterlife.
It was the writer of this article that put politics in this by writing "immigrant".........could have simply been stated as a man and his son.......
So if you really think about it, the writer of this article is creating a bias before any of the replies here had even been thought about.
Just saying...
There IS no afterlife, for christ's sake! Haven't you been paying attention?
Enjoy your superstitions. Live in fear. You don't realize it, but your arrogant pride is a deadly sin. You'll be in hell before me. ;-)
If there is no afterlife, how is there a hell. You atheists like to mix and match whatever you like like to plead your case...and you say I have arrogant pride ;>)
Not sure if trolling, or just very stupid.
WisconsinDad, It's 2012. It's time to stop belieing in crap, and to actually live your life. And you do have arrogant pride, because you're the kind of person who thinks everyone is going to hell, because they don't believe in 100% of what you do.
Haven't you ever heard the saying: "God prefers kind Athiests, over hateful Christians?"
You can go on and say how I'm going to hell, blah blah blah. Whatever broseph, I don't believe in hell. And IF there is one, I'd rather be there if heaven is filled with people like you.
You know something folks - there is no difference between a religious zealot and an atheist. THey are both narrow minded people who refuse to accept that others may believe differently than them. They both debate a question like a couple of 1st graders, I keep waiting for them to start insulting each others mothers. I also think we can say the same for extreme conservatives and extreme liberals.
People who can only exchange 'ideas' by insults and calling each other names will probably never grow up, they are alos what is wrong with this country. THe Me Generation is here to stay and it covers all ages. So Sad
''you will have a wonderful crash and burn. I could care less if you turn to faith when it happens...but it will happen and you'll remember this. Cheers!''
Your beliefs are the campfire stories of anonymous, bronze-age goatherders so ignorant they make the current batch of mouth-breathing Christians look like Stephen Hawking by comparison. If there is a heaven, no doubt sadistic douchebags don't get in. Cheers!
Here it comes, here it comes.
"Immigrant from New Mexico" = ILLEGAL!!
If he wins...$2.99 million of that will be sent back to Mexico to support his family.
Sometimes being a "real" American sucks!
How do you know that the guy is here illegally? Did you check his papers?
Illegal immigrant is an oxymoron (unlike you Kimbo). They can be Illegal aliens or immigrants...not both.
And on top of that if he's an "Immigrant from New Mexico" as you stated...he's American...get it? If not, Fox is looking for a geography expert.
"If he wins...$2.99 million of that will be sent back to Mexico to support his family."
Well then go stand in front of or under something unstable that has sharp edges and weighs 600 pounds. Wait for it to fall on you and pulverize a leg. Then sue and go to Mexico. The guy has it made, right? I mean having a leg amputated is like winning the lottery, huh?
(sarcasm off) Nothing indicates the man is "illegally" here. Apparently the cross is not the only thing with a screw loose.
Can you sue someone for an Act of God?
The doctors saved his wife from God given cancer and God crushed his leg. Sounds ordinary to me.
Sounds more like a deal with the Devil.
Just why does MSNBC feel the need to always state a persons heritage, ethnic group, color of skin or family's possible country of origin? WHY? then in the article bla bla bla about how un-diverse or racist most Americans are?
What does this mans county of origin have anything to do with the story? Can anyone at NBC tell me ?
teresa,
Very good question. In this case it reinforces the statistically correct notion that Mexicans (and Mexican Americans) are much more likely then average to be victims of the Church...I can't think of any other significance.
Yeah...Fox News never does that...unless of course they're trying to stir up hatred and fear.
Victim of "the church"?
Or American society?
I'm reading NBC, not FOX, I don't know what they do over there. I am asking NBC, this has been my home page for years but for about two years, seems like more and more articles make a point to call out descriptions of people about their color, ethnic background or other adjective that has NO VALUE at all about the story.
Don't ask it here then...send them an email. No one else on the thread cares.
Maybe they should DAD- pretty bad when one of the USA's major news network feels it is necessary to do this- I thought we are trying to move forward and past this sort of calling out?
WisconsinDad - dont make assumptions about the rest of us, you might not care but maybe some of the rest of us are just as curious. Though I do agree asking the question here might not get a response.
It's OK. If that was a 100% genuine legitimate catholic cross, the body has ways to shut that down.
If God healed his wife then how come he doesn't attribute the cross falling on his to God's will? Can't have it both ways Sparky.
He can't work anymore? He's a delivery man. Last I checked plenty of amputees drive cars and vehicles. And three million? He'll be lucky to earn just one million over the rest of his working life. Yeah, money gonna make it all better!
Not that I'd defend the Catholic church. The penalties for screwing 10 year old boys haven't been nearly harsh enough.
Fk the church for ducking out on their responsibility and not compensating him. The cross is on church property and it fell on him because, it was not secured properly. He is seriously injured and missing the lower part of his leg. I will give him the full $3,000,000 plus punitive damage of $6,000,000. This is a slam dunk case for any personal injury lawyer.
He must have missed a spot when he was cleaning and god was NOT happy.
* Good one god, showed him didn't ya.
I do feel for Mr. Jimenez, but he was there on his own free will. Without a written contract from the property owner to do maintenance, technically he was trespassing and could be charged on that count.
...
Verbal permission is sufficient. Oh, and the "church" property is open to the public unless otherwise posted. The only way trespessing would come into play is when someone breaks into a locked facility.
Oh, so many jokes, so little time!
Well you could argue it was God's will since God put in place the laws of physics that determined this outcome. Oh no! I actually dared to mix God with science, im so blasphemous!
And maybe it's God's will that this man win a huge lawsuit!!