Professional Documents
Culture Documents
805746/2017
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/28/2017
TOM CHAPIN, NP
95 Franklin Street
Buffalo, New York 14202
CITY OF LACKAWANNA
714 Ridge Road
Lackawanna, New York 14218
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TARA M. CIESLA, PA
462 Grider St.
Buffalo, New York 14215
Defendants.
______________________________________
for her Complaint against the defendants, COUNTY OF ERIE, PETER MARTIN,
M.D., EVELYN COGGINS, M.D., TOM CHAPIN, NP, ERIE COUNTY SHERIFFS
M. CIESLA, PA alleges:
resident of the City of Rochester located within the County of Monroe and the
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pursuant to an Order of the Surrogates Court of the County of Erie and the State
were served on the plaintiff, TAWANA R. WYATT, and the said plaintiff
thereupon duly qualified and thereafter acted and is still acting as such
Administratrix.
municipal corporation duly organized and existing under and pursuant to the laws
was and is a resident of the County of Erie and State of New York, and was and is
M.D., was and is a resident of the County of Erie and State of New York, and was
6. Upon information and belief, the defendant, TOM CHAPIN, NP, was
and is a resident of the County of Erie and State of New York, and was and is a
SHERIFFS OFFICE, was and is a duly organized and constituted municipal entity
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SHERIFF TIMOTHY B. HOWARD, was and is the Sheriff of Erie County and is
LACKAWANNA, was and is a duly organized and constituted municipal entity and
constituted municipal entity and governmental subdivision in the State of New York,
County of Erie.
still is a not-for-profit corporation, duly organized and existing under and by virtue of
the laws of the State of New York, and maintains an office for the transaction of
business located within the County of Erie and the State of New York.
12. Upon information and belief, the defendant, GERALD IGOE, M.D.,
was and is a resident of the County of Erie and State of New York, and was and is
13. Upon information and belief, the defendant, TERA M. CIESLA, PA,
was and is a resident of the County of Erie and State of New York, and was and is
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14. Upon information and belief, at all times hereinafter mentioned, the
15. Upon information and belief, at all times hereinafter mentioned, the
16. Upon information and belief, at all times hereinafter mentioned, the
17. Upon information and belief, at all times hereinafter mentioned, the
defendant, GERALD IGOE, MD, was employed by the defendant ECMC, and was
18. Upon information and belief, at all times hereinafter mentioned, the
defendant, TERA M. CIESLA, PA, was employed by the defendant ECMC, and
19. Upon information and belief, at all times hereinafter mentioned, the
Sheriff of Erie County and was employed by COUNTY OF ERIE and/or ERIE
20. Upon information and belief, at all times hereinafter mentioned, the
were the owners of certain premises commonly known as the Erie County
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COUNTY OF ERIE and the ERIE COUNTY SHERIFFS OFFICE and/or ERIE
of inmates at the Erie County Holding Center, located at 40 Delaware Ave., Buffalo,
New York.
22. Upon information and belief, the defendants, ERIE COUNTY and/or
the Erie County Holding Center, located at 40 Delaware Avenue, in the City of
Buffalo, County of Erie and State of New York, and were responsible for the care
severe bodily injuries which ultimately led to her death on the 21st day of
February, 2016, and plaintiffs decedent, prior to her death, sustained great pain
and the resultant injuries and damages were caused as a result of the negligent,
M.D., and/or TOM CHAPIN, M.D., and/or ERIE COUNTY SHERIFFS OFFICE
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and/or ECMC, and/or GERALD IGOE, M.D., and/or TARA M. CIESLA, PA, and
appropriately make an arrest and inflicting serious physical injury upon plaintifs
while she was incarcerated; in failing and omitting to make and undertake proper
safeguards for care and protection of the decedent; in failing and omitting to ensure
decedent was provided and supplied with necessary and proper medical care; in
failing and omitting to ensure decedant was provided with adaquate sustenance
failing to properly train and monitor their agents, servants and/or employees with
and/or PETER MARTIN, M.D., and/or EVELYN COGGINS, M.D., and/or TOM
GERALD IGOE, M.D., and/or TARA M. CIESLA, PA,, affirmatively created the
26. Heretofore and on or about the 22nd day of July, 2016, a Notice of
Claim was served on behalf of the plaintiffs upon, COUNTY OF ERIE, ERIE
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DEPARTMENT, in duplicate, which Notice of Claim sets forth the name and post
T. CUMMINGS, claimant, the name and post office address of her attorneys, the
nature of the claim, the time when, the place where and the manner in which the
claim arose, together with the items of damages and injuries then known to exist,
and the said Notice of Claim was served upon ERIE COUNTY, ERIE COUNTY
ninety (90) days of the date upon which the claim arose. At least thirty (30) days
have elapsed since the service of the Notice of Claim as aforesaid, and ERIE
POLICE DEPARTMENT have failed and neglected to adjust or pay the said
claim.
Notice of Claim was served on behalf of the plaintiffs upon, ERIE COUNTY
forth the name and post office address of TAWANA R. WYATT, as Administratrix
of the Estate of INDIA T. CUMMINGS, claimant, the name and post office
address of her attorneys, the nature of the claim, the time when, the place where
and the manner in which the claim arose, together with the items of damages
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and injuries then known to exist, and the said Notice of Claim was served upon
the date upon which the claim arose. At least thirty (30) days have elapsed since
the service of the Notice of Claim as aforesaid, and ERIE COUNTY MEDICAL
CENTER CORPORATION have failed and neglected to adjust or pay the said
claim.
28. This action falls within one or more of the exceptions set forth in
CPLR 1602.
general and special damages in an amount that exceeds the jurisdictional limits
30. The plaintiff repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through " 29 " of this Complaint with the
and/or PETER MARTIN, M.D. and/or EVELYN COGGINS, M.D., and/or TOM
CHAPIN, NP, individually and/or jointly and severally, through their agents,
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medical care to the plaintiffs decedent while incarcerated in the Erie County
Holding Center.
and/or PETER MARTIN, M.D. and/or EVELYN COGGINS, M.D., and/or TOM
CHAPIN, NP, individually and/or jointly and severally, through their agents,
rendered medical care and treatment to the decedent while incarcerated at the Erie
County Holding Center, which care and treatment was not in accordance with good
33. Upon information and belief, at all times herein mentioned, the
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP, individually and/or
jointly and severally, through their agents, servants, employees, associates and/or
individually and/or jointly and severally, through their agents, servants, employees,
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individually and/or jointly and severally, through their agents, servants, employees,
and treatment to the decedent while a patient at the EIRE COUNTY MEDICAL
CENTER, which care and treatment was not in accordance with good and
individually and/or jointly and severally, through their agents, servants, employees,
CUMMINGS.
37. Upon information and belief, at all times herein mentioned, the
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP and/or ERIE COUNTY
M. CIESLA, PA, individually and/or jointly and severally, through their agents,
reasonable care under the circumstances in care and treatment to the plaintiffs
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condition; deviated from good, known and accepted medical practice in the care
and treatment of the decedent; deviated from the usual and accepted practice
and skill ordinarily possessed by and required of physicians and failed and
omitted to prevent the incident, which by the exercise of accepted medical practice
and due and reasonable care, could and should have been prevented.
ERIE COUNTY SHERIFFS OFFICE, are liable for the actions of defendants,
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP, based on theory of
respondeat superior.
severe bodily injuries which ultimately led to her death on the 21st day of
February, 2016, and plaintiffs decedent, prior to her death, sustained great pain
41. This action falls within one or more of the exceptions set forth in
CPLR 1602.
42. As a result of the foregoing, the plaintiff has sustained general and
special damages in an amount that exceeds the jurisdictional limits of all lower
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43. The plaintiff repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through " 42" of this Complaint with the
44. Upon information and belief, the defendants, ERIE COUNTY, ERIE
IGOE, M.D., and TERA M. CIESLA, PA individually and/or jointly and severally,
the staff and personnel under the direction of the defendants were acting under
CUMMINGS at the Erie County Holding Center and the Erie County Medical
Center.
45. Upon information and belief, the defendants, ERIE COUNTY, ERIE
IGOE, M.D., and TERA M. CIESLA, PA, individually and/or jointly and severally,
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the staff and personnel under the direction of the defendants deprived adequate
condition and consciously disregarded the same; inflicted severe bodily harm and
physical injuries without due process, deprived adequate and proper nutrition,
reasonable and adequate protection for the lives, health and safety of decedent
at the Erie County Holding Center and allowed and permitted the Erie County
condition as to inflict cruel and inhuman punishment upon plaintiffs decedent and
COGGINS, M.D., and TOM CHAPIN, NP, ERIE COUNTY MEDICAL CENTER
and/or jointly and severally, through their agents, servants, employees, associates
decedent, INDIA T. CUMMINGS, secured and protected to her by the Eighth and
the Fourteenth Amendments of the Constitution and Laws of the United States.
unlawfully subject to cruel and inhuman treatment, was deprived of due process
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defendants, in violation of Title 42 of the United States Code 1983, et. sec.
47. As a result of the foregoing, the plaintiff has sustained general and
special damages in an amount that exceeds the jurisdictional limits of all lower
48. The plaintiff repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through " 47" of this Complaint with the
49. Decedent left surviving her mother and father and brother.
50. The decedents next of kin were dependent upon decedent for
support, maintenance, nurture, comfort, advice, aid and society, which they are
damages in an amount that exceeds the jurisdictional limits of all lower courts
defendants as aforesaid, her distributees have been damaged, and the amount
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of damages sought herein by the plaintiff on behalf of the said distributees shall
exceed the jurisdictional limits of all lower courts, which would otherwise have
jurisdiction.
COGGINS, M.D., and TOM CHAPIN, NP, ERIE COUNTY MEDICAL CENTER
CORPORATION, GERALD IGOE, M.D., and TERA M. CIESLA, PA, either jointly
jurisdictional limits of all lower courts that would otherwise have jurisdiction; in the
Second Cause of Action in an amount that exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction; in the Third Cause of
Action in an amount that exceeds the jurisdictional limits of all lower courts which
that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction; and for such other, further or different relief as the Court may
deem just and proper, together with the costs and disbursements of the action.
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