CASTELLANILAW FIRM, LLC David R. Castellani, Esquice- DD #: 023691991 450 Tilton Road, Suite 245 ‘Northfield, New Jersey 08225 (609) 641-2288 Altomeys for Pitt SUPERIOR COURT OF NEW JERSEY EDIFON UTUK, LAW DIVISION. ATLANTIC COUNTY Pints, DOCKET NO: ATLL v. STATE OF NEW JERSBY, DIVISION OF a (CHILDREN AND FAMILIES AND JOFN DOB EMPLOYERS 1-10, ee Defendant), Edifon Utuk curently residing in City of Brigantine, County of Atlantic, and State of [Now Jersey by way of complaint against the Defendants, says: u cor 1. Plaintiff Baifon Utuk was employed with the Defendant State of New Jersey Division of Children and Families as a Family Spocalst Ifa all times mentioned herein, 2, Plait began working with the Defendant State of New Jessey Division of ‘Youth and Family Serviees now known as the Division of Children and Families in of around 2003, 3. Inor around February 16, 2012 during the scope of his employment while visiting ‘8 client at their home, Plaintiff was altucked by the client and hit in the head with a ebai. Plaintiff assorted « Workers? Compensation Claim against the Defendant Slate of New Jersey Division of Children and Families in relation to the work related in injucies 1/Page4 Immedintly aftr his work elated injury, th Plan began to experience black- outs and get severe headaches at work 5. Subsequent to this period of tie th Pai was placed out of work fr tree (3) ‘ays and sought teatment at Urgent Care in Buplith Creet, Egg Harbor Township, New Jersey where he was placed out of work by a medical doctor for thre (3) mnths on Family Medical Leave lene of absence, 6 Thera, the Phimift retuned 0 fall duty however, be ail contined to cxpeione some blackng out at work as a esl of his head inj 7. Ones abou uly 16, 2013 the Pant blacked ou at wank and ws taken to the hostel and setumed to work on Say 18, 2013, 8 On uly 17,2013 the Plant esueste a medical eave of absence util ly 30, 2013 and the same was deed by Defendants duet an alleged hardship. 9, Tho Plant requested an extension of lave of absence and provided the Defendants and each of them withthe doctor's leer of Dr Jafey who cleared the Pit or {ull duty of wok with only « resticton of diving temporarily pending a video EEG wat September 25,2013 10. On August 6, 2013 Pint was informed by Defendants that du 0 an alleged ‘undue hardship for eave presented to the Deptt of Cilden and Panis and asa reultof ‘ho exhaustion of his FMLA entlement, Paints request for personal sik leave fom aly 17, 2013 trough July 2, 2013 was not approved. The Defendants requited the Pau to rept nck to work immediately and no ater han August 5, 2013 11, The Plaiat etumed to work on Ags 9, 2013 and pesated hs pysician's ‘note clearing him fr ll duty. 2lPage12, Thereafter on August 6 2013, the Plain contacted the Delendans? ADA Unit reusing verbally an seoommodation of a temporary seston of “no diving” which was denied 1. Onor shout August 28, 2013 Paint roeived a letter Rom Mack Kearse of the Delindast’s ADA Unit after submitting thee (2) diferent utes fw bis ‘teaing physician ‘king forthe temportry reasonable szcommedation of resticton on diving ‘The Defendant ‘ntin denied his request or acommodition and required him o ret to wok by September, 2013 14, ‘thereat, the Plaintiff contacted Mark Kearse and asked hin for an addiional day of September 4, 2013 to cetam to work to permit the Plain the tne to spe with his physician and obtain 8 doctor's note to clear him to retin to Work. Once agin, the Plans ‘request fr tis accommodation was denied, 1S, Finally, the Defdents provided Paint with an aon day to secure the doctor's note. 16. On or about September 3, 2013, the Pint sent an email to Mack Keane "euesing a accommodtion of unpaid eave ponding the els ofthe test at his isn tough an EEG sty. 17, On oF about September 4, 2013, the Defendants temineted the PlentifPs employment and charge him with vaious Civil Service violations relating to unauthorized sbsence au reusing tht his mployment be marked resignation nt iene standing 18 tis alleged thatthe Paint was able to perform the essential ancion of his job ‘he temporary restriction on diving given the fact thatthe Plaintiff would have been ble to 3[Pagepartes with other co-employees in hia unit and woul have been able tose his cleats without {norton ofthe services he provided 19, Is alleged that the termination of the Pasi violated the New Jersey Law ‘Against Discrimination a itreates to disability and handgp in that the Defendanis nd each of teasonable accommodations that would have permitted ‘hem filed to provide the Pint ‘im to peform the essential functions of his job and that the Defendant filed to engage in a 004 th teraction with the Panto determine what if any accommodation Plait could be afforded asa result of is sbi. 20, Lis futher alleged that the Plant vas wrongfelly torminatd om the Defendant in retaliation for ssting his hts under Now Jercy's Law Aguas Diseiiuation a itrelates to dnabilty and fr requesting resonable accommodation as was his igh under the daw. 21. Tes futher alleged thatthe Pint ws subjected tow hose work eovionmnent and that the cations of his work were mtecaliyatoed as a result of his roqust for reasonable scconanodation during his enue of employment wih the Defendat in violation of New Jesoy's Law Agsinst Discimination. 22, Ik is alleged thatthe Defendants actions sore deliberate, intetionl and caloulted to cause the Paint harm and as sch the Panis ene to an avd of ponitve damages. 23, Asndlvect and proximate esl of the actions of the Defeants an each of tem Aementoned the Plait was wong termini fom his eaployment with Defendants aud was caused to sffer emotional distess, mental anguish, loss of pst and future wages and benefits and such other damages all to bis detriment, 4 Page‘WHEREFORE, Plaintiff demands judgment against the Defendants jointly, severally and ‘in the atternative for damages, punitive damages, atorney's fees, itorest, costs of suit and stich other relief asthe comm deems just and proper ‘SECOND couNT 1, Plaintiff heteby repeats and incorporates each an every allegation contained in tho Fest Count, inclusive, as though herein set forth at length, 2. At the aforesaid time and place, the Defendant, John Doe(a) 1-10 employees ‘cttious name(s) (Reeinatersefered to as John Doc), were an unknovm person of persons authorized todo busiuess inthe State of New Jesey, whose scion cased and/or contibtcd, Aireotly or inizetly, to damages sufeced by the Plant 3. The Plaintiff alleges tht am insufficient amount of time has passed within which to determine the identity of any other individuals who may be responsible in whole or in pat for damages suffered by plaintiff For the purpose of the within complaint, suid individuals have been nominated as John Doe 1-10. The Plaintiff, pusuant to the Rules of Court forthe State of Now Jersey, reserves the sight o amend the within complaint relative to addtional Defendants ‘when, and if, the identity of said individuals or business entities becomes known. WHEREFORE, Plaintit, demands Judgment against Defendants, John Doe 1-10 damages, punitive damages plus interest, atfomey"s fees, costs of suit end such other relief 0s the ‘court deems just and prope, JURY DEMAND, Plaintiff hexeby demands tal by a jury on al issues herein, 5|PageDESIGNATION OF TRIAL COUNSEL. Davi R. Casto, Esquire is hereby designated a il counse in his mat. CERTIFICATION UNDER RULE 4: 1, David R. Catlin, Ragute, by eertfVng, pursuant to New Jessy Cout Rule 45-1, ‘at to the best of my knowledge, the claims mised herein are not the sbjet of ny other action ending in any Cont ofthe subject of any erbitetion proceeding, and no sich other ation or axtitation is contemplated 1 certify thatthe foregoing statements made by me are tue and acurate to thebestof my knowledge. Lam aware tha if any of the foregoing stat fe by me are wilflly fale, 1 ‘am subject to punishment for perjury. Date: 6iPage