Newburgh man sues church for losing leg when crucifix fell on him

Daily Freeman ^ | October 17, 2012 | Mid-Hudson News Network

[Alex Murphy]

David and Delia Jimenez of Newburgh consider themselves very religious Catholics, so, when Mrs. Jimenez’s diagnosed cancer disappeared two years ago, they attributed it to their praying at St. Patrick’s Church.

Mr. Jimenez wanted to show his appreciation, so his wife asked the priest if he could clean the large crucifix outside the house of worship as a thank-you. He was granted the OK and, on Memorial Day 2010, as he stood on a step stool scrubbing the stone image of Jesus Christ, the monument toppled over, crushing his leg.

He was rushed to Westchester Medical Center, where his leg was amputated.

As a result of his injury, Mr. Jimenez, now 45 years old, cannot work and has filed a negligence lawsuit against the church, which will go to trial in the next few weeks, said his attorney, Kevin Kitson.

“This is just strictly a priest who didn’t know the fact that this cross was in a defective condition, but not checking up on it or determining how safe it was for this to be done, unfortunately negligently telling someone to go forward with an action and causing this accident,” Kitson said.

Kitson said the insurance company representing the Archdiocese of New York has not offered to settle the case so he will be seeking between $2 million and $3 million for Mr. Jimenez’s injury.

A spokesman for the Archdiocese did not return a phone call for comment.

[Alex Murphy]

David and Delia Jimenez of Newburgh consider themselves very religious Catholics, so, when Mrs. Jimenez’s diagnosed cancer disappeared two years ago, they attributed it to their praying at St. Patrick’s Church. Mr. Jimenez wanted to show his appreciation, so his wife asked the priest if he could clean the large crucifix outside the house of worship as a thank-you. He was granted the OK and, on Memorial Day 2010, as he stood on a step stool scrubbing the stone image of Jesus Christ, the monument toppled over, crushing his leg....

....[attorney Kevin Kitson] said the insurance company representing the Archdiocese of New York has not offered to settle the case so he will be seeking between $2 million and $3 million for Mr. Jimenez’s injury.

[driftdiver]

They should sue him for breaking it.

[ImJustAnotherOkie]

In cases like this frequently the injured is told by the injuror to sue to cover medical costs. I don’t take this as anything more than how you do business.

[Gaffer]

Could be....hope so...you really have to look and see what the plaintiff’s request for damages are.

[enraged]

God has spoken....

[smokingfrog]

Probably lost his balance on the step stool and grabbed the crucifix to keep from falling. I wonder what kind of cancer he had?

[Cronos]

this seems like something the judge would throw out the moment he is told so his wife asked the priest if he could clean the large crucifix -- you "ask to clean" and you get hurt.

[ClearCase_guy]

Question #1 — Can he bring this kind of suit? Does he have standing?
Question #2 — Can he win this suit? Does he have a leg to stand on?

[circlecity]

He assumed the risk, so he doesn’t have a leg to stand on. [rimshot]

[Gaffer]

Medical expenses up to the limit the church’s policy would cover. The rest-of-life issues left to God and his decision about compensation.

[Average Al]

Well the priest should have thought about the legal consequences of having this done by someone without insurance or bonding etc.

[Salvation]

And Christ gave his life for this man.

[Joe 6-pack]

The priest should have asked him to restore a fresco instead...

[DPMD]

It’s pretty clear he was the proximate cause for the Crucifix’s fall. As they say, don’t come to court with dirty hands.

That said, the jury will find for him because it’s such a sad story.

[A.A. Cunningham]

when Mrs. Jimenez’s diagnosed cancer disappeared two years ago

[B4Ranch]

Fortunately there are many ways to cure cancer. I don’t see anything suspicious in the slightest with her cancer disappearing.

[A.A. Cunningham]

Carefully read the post I responded to.