Whistleblower's lawsuit tossed

By The Citizen staff report

Friday, July 11, 2008 11:34 PM EDT

A lawsuit filed by the whistleblower in the Cayuga County asbestos scandal has been dismissed - mostly because of missed deadlines on filing paperwork.
In a ruling released this week, a state Supreme Court judge dismissed 12 causes of action related to a complaint filed by former county worker Anthony Garropy, who had argued that his firing was an act of retaliation, that his civil rights were violated, and that he suffered emotional distress after reporting that asbestos had been illegally removed from a county office building.

Garropy had sought his job back and unspecified damages, contending that he was exposed to asbestos while removing a boiler in the county Board of Elections building between February and July 2006. Two related causes of action included in the same complaint by Garropy's wife, Bonnie, were also dismissed.

Garropy was the first person to come forward with details of the illegal asbestos removal project. Another county worker who oversaw the project, John Chick, is now serving time in a federal prison in Pennsylvania for his role in the crime. No one else was prosecuted.

Supreme Court judge David Barry, who took over the case after local judges Thomas Leone and Mark Fandrich recused themselves, ruled that Garropy's claim of being fired in violation of civil service law was invalid because Garropy had failed to file his complaint within one year. Garropy's asbestos-exposure allegations stem from July 2006, the court said, but Garropy did not file his lawsuit until October 2007.

Pertaining to six allegations that his firing violated federal whistleblower statutes designed to protect workers who report wrongdoing, the court said that Garropy had failed to file a complaint with the U.S. Secretary of Labor within the necessary 30-day window following the alleged violations.

The court further ruled that Garropy's claim of having had his federal civil rights violated failed to include a specific violation, and that there was no evidence to support his allegations regarding negligence and the intentional infliction of emotional distress by his employer.

Bonnie Garropy's related claims of asbestos exposure from coming into contact with her husband and other unspecified losses were also dismissed because they would have fallen under the same workers' compensation law that led to Anthony's claims being dismissed.

The Citizens' Say

Post your comment - click here

There are 1 comment(s)

blueyankee443 wrote on Jul 12, 2008 11:41 PM:

" Here we have a case where two thieves
are trying to cut the other out;He say
s they Say.One is making a profit,and t
he other one wanted to share in the tak
e.The county just does not wish to shar
e their responsibility,or the Taxpayers
money,which also pays them for sound ju
dgement,and the county still keeps thei
r ploy,by letting the Time Limit Expire
How convenient?! Thieves everywhere,so
where did this man figure he could play
with the Big Boys? "

REGISTRATION IS FREE.
Registered users sign in here:
*Member ID:
*Password:
Remember login?
(requires cookies)
 
Unregistered users can register here:

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!

*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

First Name:
Last Name:
Company:
Home Phone:
Business Phone:
Address:
City:
State:
Zip Code:
 
E-Citizen
E-Edition
Wheels Etc.
Find a vehicle
Hot Jobs
Find a Job
Homes Etc.
Find a Home
TV Week
Find a program
Search Classifieds
Find, Buy
Place a Classified Ad
Sell
Skaneateles Journal
The Journal
New! Best Bridal
Here comes the bride. . .
Liven Up the Holidays
Fa-la-la-la-la-la-la-laaaaaa
Logo HereNew! Off the Menu
Good Eatin'!
Newspaper Ads
See it again
CNY Boats Etc.
Achors aweigh!
Sections
Special Sections

Top Jobs

The Citizen Copyright ©2009
A division of Lee Publications, Inc.
25 Dill Street
Auburn, NY 13021

Contact Us

Add to My Yahoo!