NOTICE OF CLAIM. Claimant, -against-

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE x In the Matter of the Claim of JEAN H. PIERRE, JR., AS NATURAL PARENT AND PROPOSED ADMINISTRATOR OF THE ESTATES OF LANDEN PIERRE (DECEASED), LANDCE PIERRE (DECEASED), AND LAIANNA PIERRE (DECEASED), Claimant, -against- NOTICE OF CLAIM COUNTY OF ORANGE, ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, JOHN DOES #1-#10 AND JANE DOES #1- #10 (their names being fictitious and presently unknown to Claimant, said persons being agents, employees and/or servants of Respondent ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES), CHILD PROTECTIVE SERVICES UNIT OF SERVICES, SUSAN HUGHES in her capacity as an agent, employee and/or servant of COUNTY OF ORANGE and/or ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES and/or CHILD PROTECTIVE SERVICES UNIT OF SERVICES, PATRICIA SMITH in her capacity as an agent, employee and/or servant of COUNTY OF ORANGE and/or ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES and/or CHILD PROTECTIVE SERVICES UNIT OF SERVICES, and JOHN DOES#1-#10 AND JANE DOES #1- #10 (their names being fictitious and presently unknown to Claimant, said persons being agents, employees and/or servants of Respondent CHILD PROTECTIVE SERVICES UNIT OF SERVICES), Respondents x

2 COUNTY OF ORANGE ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES UNIT OF THE ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES SUSAN HUGHES in her capacity as an agent, employee and/or servant of COUNTY OF ORANGE and/or ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES and/or CHILD PROTECTIVE SERVICES UNIT OF SERVICES PATRICIA SMITH, in her capacity as an agent, employee and/or servant of COUNTY OF ORANGE and/or ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES and/or CHILD PROTECTIVE SERVICES UNIT OF SERVICES 2

3 as follows: PLEASE TAKE NOTICE that the undersigned claimant makes claim and demands against you 1. The name and post-office address of the claimant is: JEAN H. PIERRE, JR. c/o Law Offices of Michael P. O Connor 10 Esquire Road Suite 14 New City, NY The name and address of Claimant s attorney is: Stephen J. Powers, Esq. and Michael P. O Connor, Esq. Law Offices of Michael P. O Connor 10 Esquire Road Suite 14 New City, NY The Nature of the Claim: (a) Claim to recover for wrongful death, pain and suffering, pre-death conscious pain and suffering, intentional infliction of emotional distress, negligent infliction of emotional distress, and loss of enjoyment of life of the Claimant s infant children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010) due to the negligence of the Respondents; and, (b) Claim to recover for the conscious pain and suffering, loss of companionship, and just compensation for the pecuniary injuries to Claimant, resulting from the wrongful deaths of the Claimant s infant children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010) due to the negligence of the Respondents. 3. The Time When, the Place Where, and the Manner in Which the Claim Arose: (a) Date and Time: April 12, 2011, actual time unknown, approximate time: 7:43 p.m. (b) Place: Hudson River at approximately 2 Washington Street, City of Newburgh, County of Orange, State of New York, (c) Manner in Which the Claim Arose: (i) Upon information and belief, beginning in approximately February 7, 2011, and continuing through April 12, 2011, the Respondents, COUNTY OF ORANGE, through either its DEPARTMENT OF SOCIAL SERVICES and/or JOHN DOES #1-#10 AND JANE DOES #1- #10 (their names being fictitious and presently unknown to Claimant, said persons being agents, employees and/or servants of Respondent ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES), CHILD PROTECTIVE SERVICES UNIT OF SERVICES, SUSAN HUGHES, 3

4 PATRICIA SMITH, and JOHN DOES#1-#10 AND JANE DOES #1- #10 (their names being fictitious and presently unknown to Claimant, said persons being agents, employees and/or servants of Respondent CHILD PROTECTIVE SERVICES UNIT OF THE ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES), hereinafter collectively referred to as Respondents, were assigned to report, investigate, monitor and supervise the emotional and physical well-being of the Claimant s children s natural mother, Lashonda Armstrong, and that of the Claimant s children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010). (ii) Upon information and belief, beginning in approximately February 7, 2011, and continuing through April 12, 2011, the Respondents failed to adequately report, investigate, monitor and supervise the emotional and physical well-being of the Claimant s children s natural mother, Lashonda Armstrong, and that of the Claimant s children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010). (iii) Upon information and belief, beginning in approximately February 7, 2011, and continuing through April 12, 2011, the Respondents failed to gain entry to the home of the Claimant s children s natural mother, Lashonda Armstrong, and that of the Claimant s children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010), and further failed to conduct home inspections and take adequate measures to protect the emotional and physical well-being of the said infant children. (iv) Upon information and belief, beginning in approximately February 7, 2011, and continuing through April 12, 2011, the Respondents were negligent, grossly negligent, reckless, and knowingly and willfully failed to report, investigate, monitor and supervise the emotional and physical well-being of the Claimant s children s natural mother, Lashonda Armstrong, and that of the Claimant s children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010), and breached the Respondents statutory duties. (v) Upon information and belief, beginning in approximately February 7, 2011, and continuing through April 12, 2011, the Respondents failed to perform home visits and/or adequate home visits, failed to interview or adequately interview the Claimant, Claimant s children s natural mother, Lashonda Armstrong, and the Claimant s children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010), failed to have the said infant children and their natural mother examined by appropriate professionals, failed to conduct an adequate investigation, failed to protect the infant children from imminent danger of which the Respondents had knowledge, and further violated the Laws of the State of New York, including but not limited to NYS Social Services Law. 4

5 (vi) Upon information and belief, on April 12, 2011, by and through the Respondents aforesaid acts, omissions, negligence, gross negligence, recklessness, and violations of the Laws of the State of New York including but not limited to the NYS Social Services Law, the said infant children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010), were caused to suffer conscious mental and emotional suffering, pain, shock, injury, on said date prior to and through and including their wrongful death at approximately 7:43 p.m. when the infant children s mother, Lashonda Armstrong, intentionally drove herself and the infant children into the Hudson River via the 12 th Street ramp. (vii) Upon information and belief, the aforementioned Respondents actions, inactions, intentional torts, negligence, gross negligence, recklessness, acts, omissions, and statutory violations by the Respondents have proximately caused the aforementioned injuries, consequences, and wrongful death of the Claimant s infant children, to wit: Landen Pierre (D/O/B:12/14/2005), Lance Pierre (D/O/B: 07/29/1008), and Laianna Pierre (D/O/B: 04/20/2010). (viii) Respondents at all relevant times herein acted in bad faith. (ix) Respondents are civilly liable pursuant to the Laws of the State of New York including but not limited to NYS Social Services Law. (viii) Respondents are jointly and severally liable for the injuries set forth herein. 4. The Items of Damage of Injuries Claimed are: (a) compensatory, punitive, and special damages in an amount(s) to be determined by the trier-of-fact, as a result of the wrongful death, pain and suffering, pre-death conscious pain and suffering, considerable pain as well as emption and psychological distress, pain and suffering due to the actions, inactions and negligence of Respondents as aforesaid, the Claimant has been damaged in the sum of $40,000, (Forty Million and 00/100 Dollars) together with the costs and disbursements, and such other and further relief as the Court deems just and proper. 5. The undersigned Claimant therefore presents this claim for adjustment and payment. You are hereby notified that unless it is adjusted and paid within the time provided by law from the date of presentation to you, the Claimant intends to commence an action on this claim. 5

6 The undersigned claimant therefore presents this claim for adjustment and payment. YOU ARE HEREBY NOTIFIED that unless it is adjusted and paid within the time provided by law from the date of presentation to you, the claimant intends to commence an action on this claim. Dated: July 8, 2011 /s JEAN H. PIERRE, JR., Claimant STATE OF ) ss: COUNTY OF ) VERIFICATION JEAN H. PIERRE, JR., being duly sworn, deposes and states that he is the claimant in the within action; that he has read the foregoing Notice of claim and knows the contents thereof; that the same is true to deponents own knowledge, except as to those matters therein stated to be alleged on information and belief, and that as to those matters deponents believe it to be true. /s JEAN H. PIERRE, JR., Claimant Sworn to before me this 8 th day of July, 2011 /s NOTARY PUBLIC