E-NEWSLETTER: July 2016
Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased
$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant
$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse
$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant
Father of Student Assaulted by Classmate Granted Request to File Late Notice of Claim against High School
Petitioner Brett Gingrich, as the parent and legal guardian of Samantha Gingrich, sought to file a late Notice of Claim on behalf of his daughter, who was fourteen years old. During the 2014-2015 school year, Samantha was harassed, abused and bullied by another student (Student A) while attending William Floyd High School, in Suffolk County, otherwise called the Respondent School. Said abuse and bullying initially included, but was not limited to, in-person verbal and online bullying during and after school hours. Respondents received notice that Samantha was being bullied by Student A, which initially resulted in Student A and Samantha being placed in separate classes at Respondent School.
On January 12, 2015, Samantha received a hall pass to leave her classroom. Another female student who was in the hallway observed Samantha leaving her classroom and signaled to Student A, who was in the same art class as Samantha, that Samantha was in the hallway at Respondent School. Student A immediately left her classroom — without a hall pass — to find Samantha in the hallway at Respondent School. Student A immediately confronted Samantha in the hallway by dropping her school books and stating to Samantha, "It's on." Samantha was then attacked.
On February 24, 2015, Student A went into Samantha’s class and told the fill-in teacher that she was a new student in the class and had some unfinished work that needed to be resolved with another student, that being Samantha. Student A was previously in this class, but had been removed, so as not to have contact with Samantha. Student A charged toward Samantha upon seeing her. The teacher ran in front of Samantha in an attempt to protect Samantha from Student A’s impending attack and was knocked to the ground. Student A proceeded to attack Samantha and knocked Samantha to the ground, causing Samantha’s head to hit a file cabinet and the floor. Student A then continued with the brutal attack, grabbing Samantha’s arm, punching and kicking Samantha in the head.
Samantha’s physical injuries included a cracked and broken tooth, temporomandibular joint dysfunction (TMJ) to both sides of her jaw and aggravation of a tendon injury in Samantha’s arm, for which she, until recently, was wearing a cast. Samantha also had to wear a brace. Respondents failed to address either attack in any meaningful way and permitted Student A to violate valid Orders of Protection and a Stay Away Order on March 4, 2015 and September 2, 2015.
On behalf of his daughter, Mr. Gingrich was hopeful that his trust and dealings with the District would bring about a positive resolution to his daughter’s concerns. Respondent District failed to reinforce the trust given to them, and it became clear to Mr. Gingrich that, after giving fair warning and ample time, the District not only failed his daughter, but were taking actions which were contrary to her well-being and her rights. During that period of giving the District a chance, time passed. Had the District made its unwillingness to protect the infant Petitioner at an earlier stage, Mr. Gingrich would not have afforded the District opportunity after opportunity to essentially do what they were obligated to do. Justice W. Gerard Asher of the Suffolk County Supreme Court ruled that Samantha and her father should be allowed to serve her notice of claim late, as they had given the District ample notice of their complaints and the opportunity to address them.
Fred Brewington and Precilla Lockett, J.D. of the office worked on this motion. A copy of the decision is attached.
556 Peninsula Blvd., Hempstead, New York 11550 | Phone: 516-489-6959 | Fax: 516-489-6958
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© 2016 BY LAW OFFICES OF FREDERICK K. BREWINGTON