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M. v. Villa Trina Food Corporation
Index No. 1767-05 (N.Y. Sup. Ct., Bronx County, filed June 6, 2005) ; Clearinghouse Number: 55904
Description
Janitors Locked in Stores During Overnight Shifts Sue Store Owners in Tort
Abstract
Three night-shift janitors who cleaned C-Town grocery stores in the
Bronx are suing stores’ owners and managers for locking them
in the stores during their cleaning shifts. Plaintiffs allege that
defendants routinely locked them in the stores from 7:00 p.m. to
7:00 a.m. with no telephone access, no key to get out, and no
functioning emergency exits. Defendants required them to use
electric and propane-fueled cleaning equipment and harsh cleaning
fluids, which heightened the risk of fire or injury, plaintiffs
said. Plaintiffs allege that the practice is endemic to New York
City’s grocery industry. Working in fear of being trapped in
the store in the event of an emergency caused plaintiffs emotional
distress and physical injury. Claiming false imprisonment,
negligence, gross negligence, intentional and negligent infliction
of emotional distress, and violation of state workplace safety
laws, plaintiffs seek injunctive relief, compensatory and punitive
damages, and costs.
