A jury has ordered the state Administrative Office of the Courts to pay $1.7 million for discriminating against a disabled employee by failing to plan her evacuation from a fifth-floor office during a fire drill.

Melissa Migut, who worked in the Intensive Supervision Program at the Probation Department, exacerbated a pre-existing leg injury when she struggled down the stairs of her Trenton office.

Her superiors were on notice about her disability, which stemmed from a 2010 softball injury she suffered when she fractured her left leg below the knee while sliding into third base. She was diagnosed with complex regional pain syndrome after that injury, which left her with constant pain around her foot and ankle.

Migut moved to a position requiring less walking than her prior job after the injury. She could not put weight on her left foot and used crutches or a knee walker to get around. On returning to work after the injury, when she met with an Americans With Disabilities Act coordinator for the state, Migut gave the coordinator a doctor's note saying she could not flee from a dangerous situation, said her attorney, Elizabeth Zuckerman of Zuckerman & Fisher in Princeton. The ADA coordinator adjusted Migut's hours so she could get one of the few handicapped parking spots outside her office, and moved her desk closer to the restroom and a filing cabinet, said Zuckerman.

On May 10, 2012, Migut was at work when a fire alarm sounded. She asked her supervisor if she could take the elevator, but was told she could not. After one flight of stairs, Migut felt a burning in her thigh, and by the second flight, the burning sensation spread to the entire left side of her body, Zuckerman said. The supervisor, following Migut down the stairs, said the office had a chair for use in evacuating people with mobility issues, but said she was halfway down and might as well continue. She was in extreme pain by the time she got outside.

Before the fire drill, Migut experienced pain in her left foot and ankle, but afterward, the pain spread through the upper part of the leg, to her hip and rib cage, and up to the shoulder blade. Her medical expert said that descending the stairs exacerbated her complex regional pain syndrome. She did not return to work and was ultimately dismissed from her job.

In April 2014, Migut filed suit against the AOC, claiming she is unable to work due to her bosses' failure to provide advance notice of the fire drill and failure to implement an evacuation plan that accommodates people with limited mobility.

The AOC has a detailed plan for the evacuation of disabled people in an emergency at its main offices in the Richard J. Hughes Justice Complex in Trenton, but the evacuation plan is less extensive at the state office building at 171 Jersey St. in Trenton, where Migut worked, Zuckerman said. The jury heard the reading of interoffice memos and meeting minutes from after the fire drill, saying staff was not properly trained or prepared for the situation, she said.

The case was tried for eight days before Superior Court Judge Douglas Hurd in Mercer County. The lawyers for the state, Deputy Attorneys General Anthony Zarrillo Jr. and Kathryn Hansen, showed the jury surveillance video in which Migut was seen driving a car, dancing at her wedding and climbing stairs to attend a church service on Easter. Zuckerman said she did not think the videos harmed Migut in the eyes of jurors because they heard extensive testimony about medical treatments she underwent to relieve the pain she experienced.

Lawyers for the state also argued that Migut never gave notice of her need for assistance in a fire drill, but she maintained that she was not aware that fire drills were regularly conducted because her previous job was largely off-site.

“It was incumbent on the state to say, 'Hey, there are going to be fire drills,'” Zuckerman said.

The jury returned a verdict in favor of Migut, finding she proved the defendant knew or should have known of her need for an accommodation in the event of a fire drill and that an accommodation was available that would have allowed her to safely exit the building during a fire drill.

The award included damages of $200,000 for past emotional distress; $300,000 for past and future disability, impairment, loss of enjoyment of life and pain and suffering; $465,421 for back pay; $700,000 for front pay; $65,000 for lost pension benefits; and $37,110 for health care costs. The verdict was returned on Nov. 27, 2018.

The state's motions for judgment notwithstanding the werdict and for a new trial were denied on Jan. 11. On Jan. 15, Zuckerman was awarded counsel fees of $576,542, which reflects a 30 percent enhancement over the lodestar of $443,494. She was also awarded costs of $29,454.

Representatives of the AOC did not immediately respond to requests for comment. The Attorney General's Office declined to comment.