Man who lost leg in crucifix mishap sues church
ALBANY, N.Y. (AP) - David Jimenez was so elated over his wife's recovery from cancer that he offered to clean the large crucifix outside the Hudson Valley church where he spent many hours praying for her to beat the disease. On Memorial Day 2010, he was scrubbing grime off the cross when the 600-pound marble statuary toppled over, crushing his right leg.
The then-43-year-old immigrant from Mexico was flown to Westchester Medical Center, where doctors had to amputate his injured leg. He's suing the Roman Catholic church where he was hurt, and early next year his $3 million lawsuit is scheduled to go to trial.
"He attributed her recovery to his devotion to the cross and Christ hearing his prayers," Jimenez's lawyer, Kevin Kitson of White Plains, told The Associated Press.
Kitson said he filed the lawsuit in March 2011 after the church denied it was liable for the accident that resulted in six-figure medical bills for Jimenez. The bills were paid by charitable foundations, Kitson said.
The lawsuit is scheduled to go to trial in state Supreme Court in Orange County in January, Kitson said.
The attorney described David and Delia Jimenez as devout Catholics who immigrated to the United States from Mexico nearly 20 years ago. They have three children, ages 3, 13 and 17, Kitson said.
During delivery jobs for a bakery and a pizzeria, David would pull into the parking lot at St. Patrick's Church in the city of Newburgh to pray before the outdoor crucifix for his wife, who was diagnosed with ovarian cancer in 2008. When she was deemed cancer-free two years later, the grateful David received permission from church officials to remove trash from the area around the crucifix, and to clean the crucifix itself, Kitson said.
On May 30, 2010, Jimenez was standing on the crucifix's base, using rags and soapy water to clean Christ's face. While holding onto the cross beam for balance, the whole crucifix snapped off at its base, sending Jimenez crashing to the ground, Kitson said. Pieces of the crucifix broke off, but the bulk of it landed on Jimenez's right leg, crushing it.
Kitson said only a single screw was holding the heavy crucifix to its base.
"There was no anchoring system, just that one screw," he said.
The church raised more than $7,000 for Jimenez and his family, but Kitson said his client has been unable to work since the accident.
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 said.
"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 of the diocese and St. Patrick's Church are not liable for the accident."
There was no immediate response Wednesday from Kitson's law firm to a request for an interview with Jimenez.
The then-43-year-old immigrant from Mexico was flown to Westchester Medical Center, where doctors had to amputate his injured leg. He's suing the Roman Catholic church where he was hurt, and early next year his $3 million lawsuit is scheduled to go to trial.
"He attributed her recovery to his devotion to the cross and Christ hearing his prayers," Jimenez's lawyer, Kevin Kitson of White Plains, told The Associated Press.
Kitson said he filed the lawsuit in March 2011 after the church denied it was liable for the accident that resulted in six-figure medical bills for Jimenez. The bills were paid by charitable foundations, Kitson said.
The lawsuit is scheduled to go to trial in state Supreme Court in Orange County in January, Kitson said.
The attorney described David and Delia Jimenez as devout Catholics who immigrated to the United States from Mexico nearly 20 years ago. They have three children, ages 3, 13 and 17, Kitson said.
During delivery jobs for a bakery and a pizzeria, David would pull into the parking lot at St. Patrick's Church in the city of Newburgh to pray before the outdoor crucifix for his wife, who was diagnosed with ovarian cancer in 2008. When she was deemed cancer-free two years later, the grateful David received permission from church officials to remove trash from the area around the crucifix, and to clean the crucifix itself, Kitson said.
On May 30, 2010, Jimenez was standing on the crucifix's base, using rags and soapy water to clean Christ's face. While holding onto the cross beam for balance, the whole crucifix snapped off at its base, sending Jimenez crashing to the ground, Kitson said. Pieces of the crucifix broke off, but the bulk of it landed on Jimenez's right leg, crushing it.
Kitson said only a single screw was holding the heavy crucifix to its base.
"There was no anchoring system, just that one screw," he said.
The church raised more than $7,000 for Jimenez and his family, but Kitson said his client has been unable to work since the accident.
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 said.
"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 of the diocese and St. Patrick's Church are not liable for the accident."
There was no immediate response Wednesday from Kitson's law firm to a request for an interview with Jimenez.
I have a serious problem with the claim that he has been *unable* to work since losing his leg. Why? I lost my leg in Feb 2009, and am sstill able to function. It says he was a delivery driver - you can still drive, even with a prosthetic. Hell, I do it with a 5 speen manual transmission. While I do feel he is entitled to be compensated for his medical care & loss of actual income, I do not feel that this should be a free  meal ticket for the rest of his life.
It sounds like they may be responsible to a degree since the cross was on their property and they gave consent for the man to clean the cross; if it was poorly secured, it could have just as easily have injured a passer by and if it had, the church would be liable then.
It's God's Will, of course: if God wanted the crush the dude's leg, if God wanted the Church to get sued, or if God wanted to see gravity in all its glory...we'll never know. But hey, at least it was legit.
I saw a photo, it is broken. Maybe they should sue him for damage.
They gave him permission to clean it, not climb on it. I think most people would use a ladder. I have never seen people climbing on statuary when cleaning. I wish there was a photo.
 @Anarchy Where does it say he climbed on it? It says he leaned on it. If someone is injured on your property by something on that property you are liable for damages. That means you go to court to determine if you must pay damages or not, then both sides gather evidence or produce testimony and make a decision. If he had leaned a ladder on it the cross would have come down for sure. The matter of negligence is the issue. A wise property owner would have denied permission to begin with on the grounds they don't have insurance in case someone is injured.
That's the American way. Perhaps the church should have just said no which is what will happen in the future.
His medical bills were paid for through charitable donations. Â The church should have made sure that heavy crucifix was secured on the property.Â
If the deal was that your wife lives but you lose a leg, then you came out ahead.
Its god's will.
Since he had permission, shouldn't the church have known it was only held on by a screw?  If the church told him go ahead and clean it, but did not warn him it could fall over at any time, the church is at fault.
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If he was climbing up there on his own then it's his fault.Â
I'm pretty sure the church had someone install the staute, and I'm also pretty sure they didn't know how many screws, nails, clamps or brackets were used to install it. Do you know how many nails and screws were used around your house? This country is always so damn quick to point out "fault" when something goes wrong!!!
That's what you get for thinking that her recovery was due to "your devotion to the cross." You should be thanking the medical staff that fought to save her life.
Did the person ever hear of a ladder? - This sounds like a tragic accident but suing ...if he truly thanks the statue for healing his wife is it falling and crushing his leg a sign of him not holding up to something he promised?... G.O.K.
God said sue?
Silly religious people.Â
So the healing of his wife due to his praying to the crucifix is a message from God, but the fact it tired to kill him isn't? Clearly God was sending a message - you can't sue the church for that. Â
he might win this, just not sure about 3m$ - although the attorney will want a hefty sum...
This article is missing a key piece of information: whether he had permission to be climbing on it and cleaning it. Â If not, then I'd say it's his own fault, that seems like the kind of thing the church would use ladders for.
@CommutingGuy Unless Komo edited the story(which they are fairly notorious for) it says he had the permissions you are asking about.
Christ got a sponge bath...