Suits & Deals: Trenton Firefighter Nets $1.78M in Mercer County Wrongful Termination Suit
A former Trenton firefighter who claimed he was subject to constructive termination after objecting to a promotions fraud scheme has settled his Mercer…
July 27, 2020 at 12:12 PM
7 minute read
A former Trenton firefighter who claimed he was subject to constructive termination after objecting to a promotions fraud scheme has settled his Mercer County wrongful termination suit for $1.775 million.
In Strycharz v. City of Trenton, Michael Strycharz, who joined the Trenton Fire Department as a firefighter in 1984, claimed his superior, Batallion Chief Steven Coltre, began pressuring him to retire in 2014, when he was a captain. The suit claimed Coltre solicited cash bribes of $5,000 each from firefighters seeking promotion to the position of captain, payable when the promotion is received. Strycharz's retirement would open up such a position, but after he refused to retire, he was hit with departmental charges of refusing to follow an order at a fire scene, the suit claimed.
Strycharz sent numerous letters to the city's Fire Director, Qareeb Bashir, and other city officials to report the promotion fraud scheme, but never received a response, said Justin Burns of McMoran, O'Connor, Bramley & Burns in Manasquan, who represented the plaintiff along with the firm's Bruce McMoran.
Strycharz was barred from earning overtime pay while the charges were pending. The charges remained pending for 10 months before Strycharz was issued a warning, a less severe penalty than the removal from active duty sought by Coltre, the suit claime
In April 2015, Strycharz took a medical leave of absence due to workplace stress. He began treatment with a psychologist and psychiatrist and taking medication for anxiety, depression, panic disorder and other conditions, the suit claimed. He returned in October of that year but was charged by Coltre for failing to submit a return to work slip from his doctor. Srtrycharz was never given a hearing on his charges and his requests for information on the status of his case were denied, the suit claimed. In April 2017, Strycharz' doctor advised him not to return to work due to the hostile work environment. He filed for retirement in May 2017.
Strycharz filed suit against the City of Trenton and Fire Department in June 2017, bringing claims under the Conscientious Employee Protection Act and under the Law Against Discrimination for discrimination based on age and mental health status.
After the conclusion of depositions, the parties mediated with John Keefe, a former presiding judge of the Appellate Division who is now with the Keefe Law Firm in Red Bank. Before Keefe, the parties agreed to settle for $1,775,000 on February 21 of this year, with the city to pay $900,000 and its insurance carrier, Lloyds of London/Brit Global kicking in $875,000.
The insurance carrier's payment was intercepted by a hacker when it was being wired to Trenton, prompting the city to file a suit against the carrier, said Burns. The final payment was made on May 22, and the case was dismissed on July 9, Burns said.
M. Lou Garty, a Moorestown solo who represented the city and Bashir, did not return a call about the case. J. Brooks DiDonato of Parker McCay in Mount Laurel, who represented Coltre, confirmed the settlement.
— Charles Toutant
|$800K in Passaic Work Injury
Pierantozzi v. Environmental Management Consultants: A personal injury case that left a Passaic County man's face and body severely burned after an oil tank he was sawing a hole through exploded in front of him settled recently for $800,000.The case involved staggered settlements over the last two years between the plaintiff and multiple defendants. The final settlement was reached last May with one of the four defendants, according to Greg M. Kohn of Nagel Rice in Roseland, who represented plaintiff Jonathan Pierantozzi.
Kohn said all funds have been received. The case settled before going to trial, which was scheduled for Aug. 3, 2020.
On June 29, 2016, Pierantozzi of Oak Ridge, then 23 and a full time laborer, was working for Environmental Management Consultants, Inc. (identified as"EMC" in court documents).
EMC of Rockaway was hired by Earthworks Environmental Technologies, LLC ("Earthworks") to assist in the removal of an underground oil tank at St. Leo's Catholic Church located at 103 Myrtle Avenue in Irvington. St. Leo's is the listed landowner of the work site and had hired Earthworks.
In turn, Site Remediation Group LLC, ("SRG") of Hackettstown, was hired by Earthworks to oversee removal of the oil tanks. JW Pierson Petroleum Products ("JW") of East Orange closed the oil tank at issue in this case.
Based on court documents, Pierantozzi was cutting a hole on the top of the oil tank using a demo saw so that the inside of the tank could be cleaned out. As he started to cut into the oil tank, the tank ignited and exploded. throwing him backwards several feet across the jobsite and onto the ground.
Pierantozzi was hospitalized from June 29, 2016 until July 15, 2016, as a result of his injuries. He suffered a lumbar strain, pelvic strain, extensive second and third degree burns to both arms and legs, lower back, cheek, neck and face. He also sustained widespread first degree burns to the right side of his face, second degree burns to the right side of his lower lip, first degree burns on the right side of his neck and extensive second degree burns on the left side of his neck, according to Kohn.
In addition, Pierantozzi was diagnosed with post-traumatic stress disorder and depressive disorder due to chronic pain with a major depressive-like episode and continues to have significant back pain, said Kohn.
Pierantozzi brought suit against EMC ; St. Leo's Catholic Church, Site Remediation Group, and JW Pierson Petroleum Products.
Joseph J. McGlone of O'Toole Scrivo in Cedar Grove represented Earthworks, which settled in July 2019. McGlone had no comment.
Colin P. Hackett of Lewis Brisbois Bisgaard & Smith in Newark represented Site Remediation Group. Hackett could not be immediately reached for comment.
Stephen R Danek of Carella, Byrne, Cecchi, Olstein, Brody & Agnello in Roseland represented St. Leo's Catholic Church, which was dismissed from the case in September 2018, according to court documents.
Tom Licata of Malapero, Prisco, Klauber & Licata in Paramus represented JW Pierson, which settled in September 2018. Licata also had no comment.
Final settlement was reached last May with Site Remediation Group after mediation with retired state Appellate Court Judge Jack Lintner.
Kohn said his client is fully mobile and has since returned to work in construction.
"I am extremely happy that we were able to obtain such an extraordinary recovery for Mr. Pierantozzi," Kohn said in a phone call. "It was an unfortunate event that could have been prevented if the multiple layers of oversight did what they were hired to do.
"Mr. Pierantozzi is currently doing well and is grateful to finally put this event behind him even though he will always be left with the scarring and skin discoloration as a reminder," added Kohn.
— Suzette Parmley
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