October 17, 2012

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Man sues church for losing leg when crucifix fell on him


The crucifix

NEWBURGH – 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 in Newburgh.

Mr. Jimenez wanted to show his appreciation so his wife asked the priest if he could have permission to clean the large crucifix outside the house of worship as a thank-you. He was granted the okay 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 which had to be amputated after being rushed to Westchester Medical Center.

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, his attorney Kevin Kitson, told

“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,” he 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 devastating injury.

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


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