(Sept. 21, 2017) Former Berlin Fire Company paramedic Jeffrey James Dean filed a $500,000 lawsuit against the company in U.S. District Court on Sept. 12, alleging discrimination in the workplace and intentional infliction of emotional distress.
The 16-page complaint issued by Dean and his attorney, James L. Otway of Otway Russo, P.C., stated Dean “witnessed innumerable racial, sexual and other insults made by senior fire company officials, including the then chief, Byron Trimble and Assistant Chief Derrick Simpson, President David Fitzgerald and EMS Supervisor, Norris Phillip Donohue Sr.”
The complaint said Dean witnessed the harassment of Zackery Tyndall, who settled his own lawsuit against the Berlin Fire Company in 2015. Tyndall had requested $2 million in compensatory damages and $6 million in punitive damages.
Details of the settlement were not disclosed, but Otway, who also represented Tyndall, said in November 2015 “The case has been resolved to our satisfaction.”
Tyndall was elected to the Berlin Town Council, representing District 2, last year.
Dean, a Salisbury resident, was hired by the fire company in 2005 as a paramedic and firefighter. According to the complaint, Dean witnessed taunting and racial discrimination against his first work partner, Gary Purnell, the only African-American member of the company.
He also alleged that Laura Puckett, an administrative assistant, was “subject to continued sexual harassment by both members and leadership” of the fire company.
Dean was assigned to work with Tyndall in September 2011 and the two eventually “discussed the atmosphere of harassment and discrimination” at the fire company. The complaint contended that Dean was pressured to “keep Tyndall quiet” and was partnered with him because “leadership wanted Dean to teach [Tyndall] to ‘keep his mouth shut.’”
When fire company leadership did not respond to Tyndall’s repeated requests for the harassment to stop, Tyndall and Dean took their complaints to Town of Berlin leadership. The town conducted an investigation that led to Donohue’s dismissal.
Afterwards, however, “the name calling and physical harassment continued and heightened,” according to the complaint.
Dean reportedly began having “significant anxiety and depression” and “He became physically ill from the stress and the thought of going to work.” Along with nausea and anxiety, Dean “developed severe reflux which eventually progressed to acute esophagitis … which presented him from swallowing [food] and required an endoscopy procedure.”
In October 2012 his family physician directed him to take a month off of work. When his anxiety did not improve, his medical leave was extended for another 60 days.
When Dean received medical clearance to return to work, he was transferred to Talbot County EMS. On the same day he reported for duty, in March 2013, Tyndall was fired from the Berlin Fire Company.
Then, a drunk driver struck Dean and his son in April 4, 2013. Dean suffered multiple injuries and the driver was killed in the incident.
Dean told Fitzgerald he would be out on leave until May 14, but he was fired before he could return to work, the suit says.
According to the complaint, Dean has not returned to work as a paramedic. He is requesting to “be awarded all wages, benefits, and compensation lost due to the illegal conduct, including back pay, front pay, damages for emotional distress, and punitive damages, all in an amount to be determined by the jury but believed to exceed $500,000.”
Dean, on Monday, said his attorney advised him not to comment.
Fitzgerald, also on Monday, said he had “not received any papers regarding a lawsuit.”
The U.S. District Court issued a civil action summons on Sept. 15.
The 16-page complaint issued by Dean and his attorney, James L. Otway of Otway Russo, P.C., stated Dean “witnessed innumerable racial, sexual and other insults made by senior fire company officials, including the then chief, Byron Trimble and Assistant Chief Derrick Simpson, President David Fitzgerald and EMS Supervisor, Norris Phillip Donohue Sr.”
The complaint said Dean witnessed the harassment of Zackery Tyndall, who settled his own lawsuit against the Berlin Fire Company in 2015. Tyndall had requested $2 million in compensatory damages and $6 million in punitive damages.
Details of the settlement were not disclosed, but Otway, who also represented Tyndall, said in November 2015 “The case has been resolved to our satisfaction.”
Tyndall was elected to the Berlin Town Council, representing District 2, last year.
Dean, a Salisbury resident, was hired by the fire company in 2005 as a paramedic and firefighter. According to the complaint, Dean witnessed taunting and racial discrimination against his first work partner, Gary Purnell, the only African-American member of the company.
He also alleged that Laura Puckett, an administrative assistant, was “subject to continued sexual harassment by both members and leadership” of the fire company.
Dean was assigned to work with Tyndall in September 2011 and the two eventually “discussed the atmosphere of harassment and discrimination” at the fire company. The complaint contended that Dean was pressured to “keep Tyndall quiet” and was partnered with him because “leadership wanted Dean to teach [Tyndall] to ‘keep his mouth shut.’”
When fire company leadership did not respond to Tyndall’s repeated requests for the harassment to stop, Tyndall and Dean took their complaints to Town of Berlin leadership. The town conducted an investigation that led to Donohue’s dismissal.
Afterwards, however, “the name calling and physical harassment continued and heightened,” according to the complaint.
Dean reportedly began having “significant anxiety and depression” and “He became physically ill from the stress and the thought of going to work.” Along with nausea and anxiety, Dean “developed severe reflux which eventually progressed to acute esophagitis … which presented him from swallowing [food] and required an endoscopy procedure.”
In October 2012 his family physician directed him to take a month off of work. When his anxiety did not improve, his medical leave was extended for another 60 days.
When Dean received medical clearance to return to work, he was transferred to Talbot County EMS. On the same day he reported for duty, in March 2013, Tyndall was fired from the Berlin Fire Company.
Then, a drunk driver struck Dean and his son in April 4, 2013. Dean suffered multiple injuries and the driver was killed in the incident.
Dean told Fitzgerald he would be out on leave until May 14, but he was fired before he could return to work, the suit says.
According to the complaint, Dean has not returned to work as a paramedic. He is requesting to “be awarded all wages, benefits, and compensation lost due to the illegal conduct, including back pay, front pay, damages for emotional distress, and punitive damages, all in an amount to be determined by the jury but believed to exceed $500,000.”
Dean, on Monday, said his attorney advised him not to comment.
Fitzgerald, also on Monday, said he had “not received any papers regarding a lawsuit.”
The U.S. District Court issued a civil action summons on Sept. 15.