Jury Verdict Submission & Research

From September of 2001 through 2012, Mary Jean Alsina was employed by Millburn Township Board of Education as a full time band director. In 2011, she began to teach in a room two days a week that was known as the "Brass Cave" and had a damp and musty smell. The room, hallway, and stairwell had water damage, seepage, dripping water from the ceilings into garbage cans, and stained ceiling tiles. In October of 2011, Alsina became ill on a regular basis. She said that because of her ailments, she was forced to change to part-time work in February of 2012 and was diagnosed with asthma in March of 2012. Alsina also developed lung disease. Alsina thought the response in cleaning areas with chlorine and removing some stained ceiling tiles was inadequate and filed a Public Employees Occupational Safety and Health Program complaint. Alsina complained about the building conditions andsaid that she was effectively demoted to a clerical administrative position, harassed and humiliated, and ostracized by her coworkers.

On April 8, 2013, Alsina filed a complaint against Millburn Township Schools/Board of Education and unknown others in the Superior Court of New Jersey, Essex County, alleging violation of Conscientious Employee Protection Act, N.J.S.A. 34:19-1,et seq.; violation of New Jersey Civil Rights Act, N.J.S.A. 10:6-1, et seq. and Article I, paragraphs 6 and 8 of the New Jersey Constitution; a Pierce claim; misfeasance/malfeasance/nonfeasance/failure to take required action; intentional infliction of emotional distress; workers' compensation discrimination in violation of N.J.S.A. 32:15-39.1; disability discrimination and harassment in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-5(q); and retaliation in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12(d).

A proof hearing was held without a jury on March 1, 2, 3, and 7, 2016. On April 18, 2016, Judge Christine Farrington issued a decision finding for Alsina and against Millburn Township Board of Education. The court found that Alsina was entitled to $ 1,632,217.00in back and front pay damages, which included $ 215,507 in past earnings; $ 348,053 in future earnings; $ 493,671 in net pension income; and $ 574,986 in compensation for excess taxes. The court also awarded Alsina $ 50,000 for past emotional distress; $ 150,000 for permanent injury of lung disease and asthma; and $ 50,000 for punitive damages. The court found that counsel fees were warranted and directed Alsina to submit a fee application as well as an affidavit of expert fees and costs.

Lexis Advance subscribers can view the complete summary, including counsel and expert witness information, here: Mary Jean Alsina v. Millburn Township Board of Education; 2016 Jury Verdicts LEXIS 2918

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