NOTICE OF CLAIM. Claimant, -against-



Similar documents
w' Floor - against - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: Date Filed: TAMARA VANDERHYDEN, Plaintiff,

Plaintiffs, Defendants.

FILED: NASSAU COUNTY CLERK 07/12/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2013

2006 WL (Miss.Cir.) (Trial Pleading) Circuit Court of Mississippi. Lee County. No. CV (A)L. June 12, Second Amended Complaint

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff Henry Kent

COMPLAINT. COMES NOW the Plaintiffs, JERRY BYNUM, as Personal Representative of the Estate

IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA

~ X

Filing # Electronically Filed 12/29/ :48:06 PM

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU. LegalFormsForTexas.Com

MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1

CITY OF BUFFALO PERMIT & INSPECTION SERVICES CITY OF BUFFALO - COLLECTION AGENCY LICENSE

CAUSE NO. 2009V-224 FINAL JUDGMENT. BE IT REMEMBERED, that on December 20, 2011, came on to be heard the

JEFFERSON CIRCUIT COURT JUDGE DIVISION. MELISSA ROWE, Individually and as Mother and Next Friend of E.R

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Case: 1:16-cv Document #: 1 Filed: 01/22/16 Page 1 of 18 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

AUTHORITY TO REPRESENT AND CONTINGENCY FEE AGREEMENT

PREVIEW. 1. The following form may be used to file a personal injury lawsuit.

PLAINTIFF S FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL. MYRIAM DEL SOCORRO LOPEZ, by and through his undersigned counsel, and files this First

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. COMPLAINT AT LAW

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE

THE ATTORNEY GENERAL OF THE STATE OF NEW YORK Office of the Attorney General The Capitol Albany, NY

SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN THE COUNTY OF ORANGE. Plaintiffs, Defendants

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA BROWARD DIVISION. Plaintiff, Case No.: COMPLAINT

LABOR & MATERIAL PAYMENT BOND

Court Services and Offender Supervision Agency for the District of Columbia Policy Statement Effective date: 12/14/2000 Page 2

BY THIS BOND,, whose principal address is, business phone number is as Principal,hereinafter Contractor, and, whose principal address is

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Case No: Defendants, Steven Lecy and the City of Minneapolis, through their

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN THE CIRCUIT COURT OF JACKSON COUNTY SIXTEENTH JUDICIAL CIRCUIT STATE OF MISSOURI

IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY STATE OF UTAH. Case No. : Judge:

CASE NO.: CIVIL DIVISION COMPLAINT. through undersigned counsel, and hereby sues Defendant, Winn-Dixie Stores, Inc., a Florida GENERAL ALLEGATIONS

LIMITATION OF CERTAIN ACTIONS ACT

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

Plaintiff, Defendant(s) * * * [ ], Esq., pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows:

Complaint as permitted by Case Management Order # 4 and Implementing Order PARTIES, JURISDICTION AND VENUE

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) )

Wrongful Death and Survival Actions In Maryland & the District of Columbia

SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY

IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH

IN THE STATE COURT OF COBB COUNTY STATE OF GEORGIA

) Verified c-o-m-p-la-in-t- --;o~~&"-a~a~e~a6d4 0. Plaintiff, ) Demand for Jury Trial. Defendants. ) Over $25, ~)

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI DIVISION

WRONGFUL DEATH COMPROMISE PROCEEDINGS IN SURROGATE S COURT JUNE 10, Andrew L. Martin Chief Court Attorney Nassau County Surrogate s Court

BNSF RAILWAY COMPANY as Successor in Interest to the ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, C O M P L A I N T

INSTRUCTIONS for COMPLETING COLLECTION AGENCY BOND APPLICATIONS

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SOMEWHERE ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS

Case 3:10-cv DRD Document 31 Filed 05/05/11 Page 1 of 9

vs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

Court File No. ONTARIO SUPERIOR COURT OF JUSTICE. BETWEEN: JEAN-FRANCOIS FARJON and REBECCA SOROKA. -and-

IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA * *

CASE NO.: COMPLAINT. COMES NOW the Plaintiff, TRICIA NORMAN, Individually, and as Personal

POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM

COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM

STATE OF COLUMBIA CAPITOL COUNTY CIRCUIT COURT MARY E. JOHNSON, Plaintiff v. Civil Action, File No

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL. Plaintiff, TARIN SAROKA, individually, and as the Personal Representative of the

Physician s Signature

MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1

CITY OF BOCA RATON POLICE & FIREFIGHTERS RETIREMENT SYSTEM AND [CONSULTANT] CONSULTING SERVICES AGREEMENT

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

SETTLEMENT AGREEMENT AND RELEASE

HOW TO RESPOND WHEN SERVED: Surviving the Divorce Process in New York State

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY CIVIL DIVISION. MARIA GODINEZ, an individual,

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, WEST DISTRICT

ANSWER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. Index. VINCENT FORRAS. on behalf of himself and all others #111970/2010

How To Sue A Truck Driver For Causing A Car Accident In New Jersey

Case 5:11-cv DNH-DEP Document 1 Filed 11/21/11 Page 1 of Plaintiff,

COMPLAINT AND JURY DEMAND

STATE OF DELAWARE CERTIFICATE OF AMENDMENT OF AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF AMTRUST FINANCIAL SERVICES, INC.

CAUSE NO FINAL,JUDGMENT. appeared in person and through his counsel of record and Defendant appeared through its

How To Sue A Hospital For Overstaffing

ASSEMBLY BILL No. 597

2:11-cv ASB Date Filed 04/13/11 Entry Number 1 Page 1 of 11

Case 3:14-cv MMD-VPC Document 12-1 Filed 02/12/14 Page 1 of 14 EXHIBIT 1

Date: February 16, 2001

Case 2:13-cv JS-AKT Document 1 Filed 07/26/13 Page 1 of 11 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK. Case No.

Case 4:09-cv RCC Document 1 Filed 09/04/09 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff,

EMPLOYMENT AGREEMENT

By motion filed on June 2, 2016, and following an emergency hearing held on June 7,

SUPREME COURT, CIVIL BRANCH New York County 60 Centre Street, New York, N.Y HELP CENTER Room

FIRST AMENDED CLASS ACTION AND COLLECTIVE COMPLAINT AND JURY DEMAND

COMPLAINT. Plaintiffs, Dileida Vizcaino and Norma Vizcaino, as Co-Personal Representatives of the

SELF HELP INSTRUCTIONS TO ESTABLISH PATERNITY, CUSTODY AND VISITATION INTRODUCTION

Case 2:14-cv KOB Document 1 Filed 08/20/14 Page 1 of 38

Prepared by: Barton L. Slavin, Esq Web site:

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of (Public)

AGREEMENT FOR ADMISSION TO SANCTUARY CENTERS OF SANTA BARBARA RESIDENTIAL TREATMENT PROGRAM

Transcription:

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

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

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 10956 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 10956 2. 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, 12250 (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

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

(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 $40,000,000.00 (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

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