Page 40 - BusinessWest February 6, 2023
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The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.
HAMPDEN SUPERIOR COURT
Nydia Burgos v. MGM Springfield Redevelop- ment LLC and MGM Resorts Springfield Allegation: Negligence; slip and fall causing per- sonal injury: $19,000
Filed: 11/29/22
Charles Mead v. Consolidated Rail Corp.
Allegation: Failure to use ordinary care and caution; failure to take effective action to reduce, modify, or eliminate duties, equipment, or practices to mini- mize or eliminate exposure; failure to test railroad facilities, locomotives, equipment, yards, build- ings, and right of ways for the presence of toxic materials and carcinogens; failure to engage in followup monitoring of facilities, equipment, yards, buildings, and right of ways for the presence of toxic materials and carcinogens; failure to properly remediate known toxic materials and carcinogens from facilities, locomotives, equipment, yards, building, and right of ways; failure to periodically test employees for physical effects of exposure
to toxic materials and carcinogens and failure to take appropriate action; failure to warn plaintiff of risk of contracting cancer or other diseases as a result of exposure to known carcinogens; failure to make reasonable efforts to inspect or moni-
tor the level of exposure to carcinogens; failure
to provide plaintiff with knowledge of reasonably safe and sufficient clothing and proper protective equipment to protect against exposure to carcino- gens; failure to provide plaintiff with protective
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equipment designed to protect against exposure to toxic materials and carcinogens; failure to comply with existing federal, state, and local statutes, ordi- nances, and regulations pertaining to presence of toxic and carcinogenic substances and employee exposure; failure to undertake proper medical examinations and diagnostic studies to determine plantiff’s exposures; failure to promulgate, imple- ment, and enforce rules, regulations, and policies to eliminate or reduce exposure; failure to ensure locomotives are in proper condition and are safe to operate without unnecessary danger as required by Locomotive Inspection Act; negligence resulting in personal injury: $525,000
Filed: 11/29/22
Maria Valego v. City of Holyoke and G&H Land-
scaping Inc.
Allegation: Negligence; slip and fall causing per- sonal injury: $14,600
Filed: 12/1/22
Marjorie Sullivan v. Big Y Express and Krish- nakant Swadia as trustees of Yashvi Realty Trust Allegation: Negligence; slip and fall causing per- sonal injury: $60,000
Filed: 12/2/22
Linda Dobiecki v. Pamela Coe, personal repre- sentative for the estate of Nicholas Coe, MD; Carolyn Messere, MD; Pamela White, RN; John Doe, RN; and Baystate Medical Center Allegation: Medical malpractice, medical negli- gence, negligent infliction of emotional distress: $1,000,000
Filed: 12/2/22
Leilanie Jusino, a minor, by and through her par- ents and next friends, Michael Jusino and Carina Diaz v. Fun Z Trampoline Park Westfield LLC
port workers and worker access to opportunities. This is just one of the ways to help break the ‘cliff effect.’
In Springfield WORKS’ early days, Kandilis and
her team learned that the benefit system can be a disincentive to work. The cliff effect is a phrase used to describe what happens when someone is receiv- ing benefits — housing subsidies, food support with SNAP, childcare support — and they are working either part-time or full-time, but are doing just enough to still receive the benefits they need to make ends meet. They go over the cliff when they earn too much to qualify for such benefits, or receive a reduced amount, thereby creating a disincentive to work and advance.
“Many of the systems aren’t connected, so there
is a lot of complexity in those systems; housing sys- tems are not connected to the SNAP program, so the more money you make, the less benefits you get,” she explained. “So there is a point in time, and it happens very quickly, where, if you’re making a certain amount of money and you’re receiving a certain level of sup- port to pay your basic needs, just a dollar more [per hour] might gain you $3,000 or $4,000 in income, but you might lose $1,200 in benefits.”
Springfield WORKS and its collaborators success- fully proposed legislation to create a pilot that asks what would it look like if the government paid an indi-
Allegation: Negligence causing personal injury: $22,295.91
Filed: 12/5/22
Roberto Hernandez, individually and on behalf of all others similarly situated v. DFA Dairy Brands Ice Cream, LLC
Allegation: Unpaid wages, violation of Massachu- setts Overtime Act, violation of Massachusetts Wage Act, timekeeping system failure to properly account donning, doffing, and walking activities: $75,000+
Filed: 12/5/22
HAMPSHIRE SUPERIOR COURT
All Parts Racing LLC v. Energy Site Services LLC and the Minority Alliance Group LLC
Allegation: Breach of contract, breach of good faith and fair dealing, unjust enrichment: $55,000
Filed: 12/16/22
Marc Whalen v. Hugh Manheim and Manheim Farm Plastics Inc.
Allegation: Motor-vehicle negligence resulting in personal injury: $52,631.20
Filed: 12/19/22
Liz Cross v. Enterprise FM Trust and Joss Dore Allegation: Motor-vehicle negligence resulting in personal injury: $119,587.60
Filed: 12/20/22
Edward Scott Corbett v. Mananto Enterprises LLC, Tala Hotels Holding LLC, and Mansour Ghalibaf
Allegation: Employment discrimination, handicap discrimination and failure to accommodate, age discrimination, race discrimination, retaliation: $5,000,000
Filed: 12/20/22
vidual what amounts to an earned- income tax credit or another kind of payment, “so that they’re no worse off as they start moving up the income scale beyond the cliff.”
This would give individuals and families the com- fort and support they need to move from an $18-per- hour job to a $30-per-hour job over time and get them beyond that so-called cliff.
If the cliff problem isn’t solved, Kandilis added, people are going to keep being stuck in what is called the ‘benefits plateau,’ making enough money and working enough hours to be able to pay their bills, but also still receive their benefits.
Overall, Springfield WORKS is dedicated to serv- ing families and individuals who need it most. In this economy, it’s not always easy to build oneself up when the price of everything is also going up. Meanwhile, employers continue to struggle with finding enough qualified help to fill open positions and keep their operations humming.
“What we’re doing is bringing resources to support the rest of the family,” Kandikis said in summarizing the ongoing efforts at Springfield WORKS. “That’s how we create the best families and prosperity.” BW
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WORKS
Stepping Away from the Ledge
This past year, Springfield WORKS and its part- ners were given another $500,000 through the Com- munity Empowerment and Reinvestment Grant so
it can expand on these two strategies and build onto it with the Anchor Collaborative, which is a way for employers to look at their policies related to investing in upward mobility.
“A lot of people can’t afford to go to school and
not work,” Kandilis said. “So what are some of the policies employers can put forth to support workers and upward mobility? How do I get a better job in the company I’m already working for? That’s a win-win for employers because they’re looking for retention.”
This reality motivates the employer to invest in its own workforce, not leaving it completely up to those outside of the system, whether it’s the workforce board or the state or other resources, she added.
When partners can collaborate, it allows for the families to be at the center, holistically. Using the Whole Family/Two Generation model, institutions are working together to relieve the burden on individuals navigating complex systems, instead shifting the navi- gation to the partners.
Meanwhile, the Anchor Collaborative blends work- force dollars, training dollars, and resources to sup-
40 FEBRUARY 6, 2023
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