Man sues church for leg loss by falling cross

An outdoor crucifix that used to stand at St. Patrick’s Church in the city of Newburgh, N.Y. is seen in an undated photo provided by the Kitson Law Firm. David Jiminez, an immigrant from Mexico, was so elated over his wife’s recovery from cancer that he offered to clean the large crucifix outside St. Patrick’s Church in Newburgh, where he spent many hours praying for her to beat the disease. He was scrubbing grime off the 600-pound marble cross when it toppled onto him, crushing his right leg, which had to be amputated. Jimenez is now suing the Roman Catholic church where he was hurt, and his $3 million lawsuit is scheduled to go to trial next year.
Associated Press
Chris Carola
Associated Press

ALBANY, N.Y. — David Jimenez was so elated over his wife’s recovery from cancer that he offered to clean the large crucifix outside the Hudson Valley church where he spent many hours praying for her to beat the disease.

On Memorial Day 2010, he was scrubbing grime off the cross when the 600-pound marble statuary toppled over, crushing his right leg.

The then-43-year-old immigrant from Mexico was flown to Westchester Medical Center, where doctors had to amputate his injured leg.

He’s suing the Roman Catholic church where he was hurt, and early next year his $3 million lawsuit is scheduled to go to trial.

Jimenez’s lawyer, Kevin Kitson said he filed the lawsuit in March 2011 after the church denied it was liable for the accident that resulted in six-figure medical bills for Jimenez.

The bills were paid by charitable foundations, Kitson said.

The lawsuit is scheduled to go to trial in state Supreme Court in Orange County in January, Kitson said.

Kitson said only a single screw was holding the heavy crucifix to its base.

The church raised more than $7,000 for Jimenez and his family, but Kitson said his client has been unable to work since the accident.