5.5.17 Complaint

FILED: ERIE COUNTY CLERK 04/28/2017 04:57 PM INDEX NO.
805746/2017
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/28/2017
STATE OF NEW YORK

SUPREME COURT : COUNTY OF ERIE
______________________________________
TAWANA R. WYATT, as Administrator of the

Estate of INDIA T. CUMMINGS,
354 Magnolia Street
Rochester, New York 14611
.
Plaintiff,
COMPLAINT
vs.
Index No
COUNTY OF ERIE
95 Franklin Street
Buffalo, New York 14202
PETER MARTIN, M.D.

95 Franklin Street
EVELYN COGGINS, M.D.

95 Franklin Street
TOM CHAPIN, NP
95 Franklin Street
ERIE COUNTY SHERIFFS OFFICE

10 Delaware Avenue
ERIE COUNTY SHERIFF TIMOTHY B. HOWARD

10 Delaware Avenue
CITY OF LACKAWANNA
714 Ridge Road
Lackawanna, New York 14218
CITY OF LACKAWANNA POLICE DEPARTMENT

714 Ridge Road
Lackawanna, New York 14218
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FILED: ERIE COUNTY CLERK 04/28/2017 04:57 PM INDEX NO. 805746/2017
ERIE COUNTY MEDICAL CENTER CORPORATION

462 Grider St.
GERALD IGOE, M.D.

462 Grider St.
TARA M. CIESLA, PA
462 Grider St.
Defendants.
______________________________________
Plaintiff, above named, by her attorneys, VANDETTE PENBERTHY LLP,
for her Complaint against the defendants, COUNTY OF ERIE, PETER MARTIN,
M.D., EVELYN COGGINS, M.D., TOM CHAPIN, NP, ERIE COUNTY SHERIFFS
OFFICE, ERIE COUNTY SHERIFF TIMOTHY B. HOWARD, CITY OF
LACKAWANNA, CITY OF LACKAWANNA POLICE DEPARTMENT, ERIE
COUNTY MEDICAL CENTER CORPORATION, GERALD IGOE, M.D., and TARA
M. CIESLA, PA alleges:
AS AND FOR A FIRST CAUSE OF ACTION

AGAINST THE DEFENDANTS, ABOVE-NAMED,
THE PLAINTIFF, TAWANA R. WYATT, AS
ADMINISTRATRIX OF THE ESTATE
OF INDIA T. CUMMINGS, ALLEGES:
1. The plaintiff, TAWANA R. WYATT, as Administratrix of the Estate
of INDIA T. CUMMINGS, at all times hereinafter mentioned, was and still is a
resident of the City of Rochester located within the County of Monroe and the
State of New York.
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2. On or about the 5th day of July, 2016, the plaintiff, TAWANA R.
WYATT, was appointed Administratrix of the Estate of INDIA T. CUMMINGS,
pursuant to an Order of the Surrogates Court of the County of Erie and the State
of New York, and Letters of Administration of the Estate of INDIA T. CUMMINGS
were served on the plaintiff, TAWANA R. WYATT, and the said plaintiff
thereupon duly qualified and thereafter acted and is still acting as such
Administratrix.
3. Upon information and belief, the defendant, ERIE COUNTY, is a
municipal corporation duly organized and existing under and pursuant to the laws
of the State of New York.
4. Upon information and belief, the defendant, PETER MARTIN, M.D.,
was and is a resident of the County of Erie and State of New York, and was and is
a physician duly licensed to practice in the State of New York.
5. Upon information and belief, the defendant, EVELYN COGGINS,
M.D., was and is a resident of the County of Erie and State of New York, and was
and is a physician duly licensed to practice in the State of New York.
6. Upon information and belief, the defendant, TOM CHAPIN, NP, was
and is a resident of the County of Erie and State of New York, and was and is a
nurse practitioner duly licensed to practice in the State of New York.
7. Upon information and belief, the defendant, ERIE COUNTY
SHERIFFS OFFICE, was and is a duly organized and constituted municipal entity
and governmental subdivision in the State of New York, County of Erie.
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SHERIFF TIMOTHY B. HOWARD, was and is the Sheriff of Erie County and is
being sued in both his individual and official capacity.
9. Upon information and belief, the defendant, CITY OF
LACKAWANNA, was and is a duly organized and constituted municipal entity and
governmental subdivision in the State of New York, County of Erie.
10. Upon information and belief, the defendant, CITY OF
LACKAWANNA POLICE DEPARTMENT, was and is a duly organized and
constituted municipal entity and governmental subdivision in the State of New York,
County of Erie.
MEDICAL CENTER CORPORATION (hereinafter referred to as ECMC) was and
still is a not-for-profit corporation, duly organized and existing under and by virtue of
the laws of the State of New York, and maintains an office for the transaction of
business located within the County of Erie and the State of New York.
12. Upon information and belief, the defendant, GERALD IGOE, M.D.,
a physician duly licensed to practice in the State of New York.
13. Upon information and belief, the defendant, TERA M. CIESLA, PA,
a physician assistant duly licensed to practice in the State of New York.
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14. Upon information and belief, at all times hereinafter mentioned, the
defendant, PETER MARTIN, M.D., was employed by the defendant, COUNTY OF
ERIE and was acting within the scope of his employment.
defendant, EVELYN COGGINS, M.D., was employed by the defendant, COUNTY
OF ERIE, and was acting within the scope of her employment.
defendant, TOM CHAPIN, NP, was employed by the defendant COUNTY OF
ERIE, and was acting within the scope of his employment.
defendant, GERALD IGOE, MD, was employed by the defendant ECMC, and was
acting within the scope of his employment.
defendant, TERA M. CIESLA, PA, was employed by the defendant ECMC, and
was acting within the scope of her employment.
defendant, ERIE COUNTY SHERIFF TIMOTHY B. HOWARD, was the acting
Sheriff of Erie County and was employed by COUNTY OF ERIE and/or ERIE
COUNTY SHERIFFS OFFICE.
defendants, COUNTY OF ERIE and/or ERIE COUNTY SHERIFFS OFFICE,
were the owners of certain premises commonly known as the Erie County
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Holding Center located at 10 Delaware Avenue, in the City of Buffalo, County of
Erie and State of New York.
21. Upon information and belief, an agreement existed between the
COUNTY OF ERIE and the ERIE COUNTY SHERIFFS OFFICE and/or ERIE
COUNTY SHERIFF TIMOTHY B. HOWARD regarding medical care and treatment
of inmates at the Erie County Holding Center, located at 40 Delaware Ave., Buffalo,
New York.
22. Upon information and belief, the defendants, ERIE COUNTY and/or
ERIE COUNTY SHERIFFS DEPARTMENT and/or ERIE COUNTY SHERIFF
TIMOTHY B. HOWARD maintained, operated, managed, controlled and staffed
the Erie County Holding Center, located at 40 Delaware Avenue, in the City of
Buffalo, County of Erie and State of New York, and were responsible for the care
and custody of all inmates at Erie County Holding Center.
23. Upon information and belief, as a result of the alleged incident
hereinbefore described, the plaintiffs decedent, INDIA T. CUMMINGS, sustained
severe bodily injuries which ultimately led to her death on the 21st day of
February, 2016, and plaintiffs decedent, prior to her death, sustained great pain
and suffering and physical anguish.
24. Upon information and belief, the incident hereinbefore described
and the resultant injuries and damages were caused as a result of the negligent,
careless, reckless and/or unlawful conduct on the part of the defendants,
COUNTY OF ERIE, and/or PETER MARTIN, M.D., and/or EVELYN COGGINS,
M.D., and/or TOM CHAPIN, M.D., and/or ERIE COUNTY SHERIFFS OFFICE
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and/or ERIE COUNTY SHERIFF TIMOTHY B. HOWARD and/or CITY OF
LACKAWANNA and/or CITY OF LACKAWANNA POLICE DEPARTMENT,
and/or ECMC, and/or GERALD IGOE, M.D., and/or TARA M. CIESLA, PA, and
by their agents, servants and/or employees, more particularly, in failing to
appropriately make an arrest and inflicting serious physical injury upon plaintifs
decedent, in failing to appropriately supervise and observe plaintiffs decedent
while she was incarcerated; in failing and omitting to make and undertake proper
safeguards for care and protection of the decedent; in failing and omitting to ensure
decedent was provided and supplied with necessary and proper medical care; in
failing and omitting to ensure decedant was provided with adaquate sustenance
and hydration, in failing and omitting to have comprehensive policies, procedures
and/or guidelines established and in place to prevent deaths of inmates and in
failing to properly train and monitor their agents, servants and/or employees with
respect to the proper handling, supervision and monitoring of inmates.
25. Upon information and belief, the defendants, COUNTY OF ERIE,
and/or PETER MARTIN, M.D., and/or EVELYN COGGINS, M.D., and/or TOM
CHAPIN, M.D., and/or ERIE COUNTY SHERIFFS OFFICE and/or ERIE
COUNTY SHERIFF TIMOTHY B. HOWARD and/or CITY OF LACKAWANNA
and/or CITY OF LACKAWANNA POLICE DEPARTMENT, and/or ECMC, and/or
GERALD IGOE, M.D., and/or TARA M. CIESLA, PA,, affirmatively created the
dangerous and defective condition described herein.
26. Heretofore and on or about the 22nd day of July, 2016, a Notice of
Claim was served on behalf of the plaintiffs upon, COUNTY OF ERIE, ERIE
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COUNTY SHERIFFS OFFICE, ERIE COUNTY SHERIFF TIMOTHY B.
HOWARD, CITY OF LACKAWANNA and CITY OF LACKAWANNA POLICE
DEPARTMENT, in duplicate, which Notice of Claim sets forth the name and post
office address of TAWANA R. WYATT, as Administratrix of the Estate of INDIA
T. CUMMINGS, claimant, the name and post office address of her attorneys, the
nature of the claim, the time when, the place where and the manner in which the
claim arose, together with the items of damages and injuries then known to exist,
and the said Notice of Claim was served upon ERIE COUNTY, ERIE COUNTY
SHERIFFS OFFICE, ERIE COUNTY SHERIFF TIMOTHY B. HOWARD, CITY OF
LACKAWANNA and CITY OF LACKAWANNA POLICE DEPARTMENT, within
ninety (90) days of the date upon which the claim arose. At least thirty (30) days
have elapsed since the service of the Notice of Claim as aforesaid, and ERIE
COUNTY, ERIE COUNTY SHERIFFS OFFICE, ERIE COUNTY SHERIFF
TIMOTHY B. HOWARD, CITY OF LACKAWANNA and CITY OF LACKAWANNA
POLICE DEPARTMENT have failed and neglected to adjust or pay the said
claim.
27. Heretofore and on or about the 29th day of September, 2016, a
Notice of Claim was served on behalf of the plaintiffs upon, ERIE COUNTY
MEDICAL CENTER CORPORATION, in duplicate, which Notice of Claim sets
forth the name and post office address of TAWANA R. WYATT, as Administratrix
of the Estate of INDIA T. CUMMINGS, claimant, the name and post office
address of her attorneys, the nature of the claim, the time when, the place where
and the manner in which the claim arose, together with the items of damages
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and injuries then known to exist, and the said Notice of Claim was served upon
ERIE COUNTY MEDICAL CENTER CORPORATION, within ninety (90) days of
the date upon which the claim arose. At least thirty (30) days have elapsed since
the service of the Notice of Claim as aforesaid, and ERIE COUNTY MEDICAL
CENTER CORPORATION have failed and neglected to adjust or pay the said
claim.
28. This action falls within one or more of the exceptions set forth in
CPLR 1602.
29. As a result of the foregoing, the plaintiffs decedent has sustained
general and special damages in an amount that exceeds the jurisdictional limits
of all lower courts that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION

AGAINST THE DEFENDANTS, ERIE COUNTY, ERIE COUNTY
SHERIFFS OFFICE, ERIE COUNTY SHERIFF
TIMOTHY B. HOWARD, PETER MARTIN, M.D.,
EVELYN COGGINS, M.D., TOM CHAPIN, NP, ERIE COUNTY MEDICAL
CENTER CORPORATION, and/or GERALD IGOE, M.D., and/or TERA M.
CIESLA, P.A.
THE PLAINTIFF, TAWANA R. WYATT, AS ADMINISTRATRIX
OF THE ESTATE OF INDIA T. CUMMINGS, ALLEGES:
30. The plaintiff repeats, reiterates and realleges each and every
allegation contained in paragraphs "1" through " 29 " of this Complaint with the
same force and effect as if fully set forth herein.
31. The defendants, COUNTY OF ERIE and/or ERIE COUNTY
SHERIFFS OFFICE and/or ERIE COUNTY SHERIFF TIMOTHY B. HOWARD
and/or PETER MARTIN, M.D. and/or EVELYN COGGINS, M.D., and/or TOM
CHAPIN, NP, individually and/or jointly and severally, through their agents,
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servants, employees, associates and/or subcontractors had a duty to provide
medical care to the plaintiffs decedent while incarcerated in the Erie County
Holding Center.
32. The defendants, ERIE COUNTY and/or ERIE COUNTY
SHERIFFS OFFICE and/or ERIE COUNTY SHERIFF TIMOTHY B. HOWARD
and/or PETER MARTIN, M.D. and/or EVELYN COGGINS, M.D., and/or TOM
CHAPIN, NP, individually and/or jointly and severally, through their agents,
servants, employees, associates and/or subcontractors, carelessly and negligently
rendered medical care and treatment to the decedent while incarcerated at the Erie
County Holding Center, which care and treatment was not in accordance with good
and accepted medical practice.
33. Upon information and belief, at all times herein mentioned, the
defendants, ERIE COUNTY and/or ERIE COUNTY SHERIFFS OFFICE and/or
ERIE COUNTY SHERIFF TIMOTHY B. HOWARD and/or PETER MARTIN, M.D.
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP, individually and/or
jointly and severally, through their agents, servants, employees, associates and/or
subcontractors, were negligent and committed acts of medical malpractice in the
rendition of services to the plaintiffs decedent, INDIA T. CUMMINGS.
34. The defendants ERIE COUNTY MEDICAL CENTER
CORPORATION, and/or GERALD IGOE, M.D., and/or TERA M. CIESLA, P.A.
individually and/or jointly and severally, through their agents, servants, employees,
associates and/or subcontractors had a duty to provide medical care to the
plaintiffs decedent while a patient at the Erie County Medical Center.
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associates and/or subcontractors, carelessly and negligently rendered medical care
and treatment to the decedent while a patient at the EIRE COUNTY MEDICAL
CENTER, which care and treatment was not in accordance with good and
accepted medical practice.
associates and/or subcontractors, were negligent and committed acts of medical
malpractice in the rendition of services to the plaintiffs decedent, INDIA T.
CUMMINGS.
37. Upon information and belief, at all times herein mentioned, the
defendants, ERIE COUNTY and/or ERIE COUNTY SHERIFFS OFFICE and/or
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP and/or ERIE COUNTY
MEDICAL CENTER CORPORATION, and/or GERALD IGOE M.D., and/or TERA
M. CIESLA, PA, individually and/or jointly and severally, through their agents,
servants, employees, associates and/or subcontractors, failed to exercise due and
reasonable care under the circumstances in care and treatment to the plaintiffs
decedent, INDIA T. CUMMINGS, so as to avoid injury to the decedent and failed
to properly, adequately and correctly assess, diagnose and treat decedents
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condition; deviated from good, known and accepted medical practice in the care
and treatment of the decedent; deviated from the usual and accepted practice
and skill ordinarily possessed by and required of physicians and failed and
omitted to prevent the incident, which by the exercise of accepted medical practice
and due and reasonable care, could and should have been prevented.
38. Upon information and belief, defendants, COUNTY OF ERIE and/or
ERIE COUNTY SHERIFFS OFFICE, are liable for the actions of defendants,
and/or EVELYN COGGINS, M.D., and/or TOM CHAPIN, NP, based on theory of
respondeat superior.
39. Upon information and belief, defendants, ERIE COUNTY MEDICAL
CENTER CORPORATION is liable for the actions of defendants, GERALD IGOE
M.D. and/or TERA M. CIESLA PA, based on theory of respondeat superior.
40. Upon information and belief, as a result of the alleged incident
hereinbefore described, the plaintiffs decedent, INDIA T. CUMMINGS, sustained
severe bodily injuries which ultimately led to her death on the 21st day of
February, 2016, and plaintiffs decedent, prior to her death, sustained great pain
and suffering and physical anguish.
41. This action falls within one or more of the exceptions set forth in
CPLR 1602.
42. As a result of the foregoing, the plaintiff has sustained general and
special damages in an amount that exceeds the jurisdictional limits of all lower
courts that would otherwise have jurisdiction.
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AS AND FOR A THIRD CAUSE OF ACTION

allegation contained in paragraphs "1" through " 42" of this Complaint with the
44. Upon information and belief, the defendants, ERIE COUNTY, ERIE
HOWARD, CITY OF LACKAWANNA, CITY OF LACKAWANNA POLICE
DEPARTMENT, PETER MARTIN, M.D., EVELYN COGGINS, M.D., and TOM
CHAPIN, NP, ERIE COUNTY MEDICAL CENTER CORPORATION, GERALD
IGOE, M.D., and TERA M. CIESLA, PA individually and/or jointly and severally,
through their agents, servants, employees, associates and/or contractors as well as
the staff and personnel under the direction of the defendants were acting under
color of state law relative to the treatment and incarceration of INDIA T.
CUMMINGS at the Erie County Holding Center and the Erie County Medical
Center.
45. Upon information and belief, the defendants, ERIE COUNTY, ERIE
HOWARD, CITY OF LACKAWANNA, CITY OF LACKAWANNA POLICE
DEPARTMENT, PETER MARTIN, M.D., EVELYN COGGINS, M.D., and TOM
CHAPIN, NP, ERIE COUNTY MEDICAL CENTER CORPORATION, GERALD
IGOE, M.D., and TERA M. CIESLA, PA, individually and/or jointly and severally,
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through their agents, servants, employees, associates and/or contractors as well as
the staff and personnel under the direction of the defendants deprived adequate
medical treatment to the decedent; had knowledge and knew of decedents
condition and consciously disregarded the same; inflicted severe bodily harm and
physical injuries without due process, deprived adequate and proper nutrition,
nourishment and hydration to the decedent; failed and omitted to provide
reasonable and adequate protection for the lives, health and safety of decedent
at the Erie County Holding Center and allowed and permitted the Erie County
Holding Center to be and remain in a unsafe, hazardous and dangerous
condition as to inflict cruel and inhuman punishment upon plaintiffs decedent and
unconstitutionally deprive plaintiffs decedent of due process under the law.
46. Upon information and belief, the aforementioned actions of the
defendants, ERIE COUNTY, ERIE COUNTY SHERIFFS OFFICE, ERIE
COUNTY SHERIFF TIMOTHY B. HOWARD, CITY OF LACKAWANNA, CITY OF
LACKAWANNA POLICE DEPARTMENT, PETER MARTIN, M.D., EVELYN
COGGINS, M.D., and TOM CHAPIN, NP, ERIE COUNTY MEDICAL CENTER
CORPORATION, GERALD IGOE, M.D., and TERA M. CIESLA, PA, individually
and/or jointly and severally, through their agents, servants, employees, associates
and/or contractors, constituted deprivation of the rights and privileges of the
decedent, INDIA T. CUMMINGS, secured and protected to her by the Eighth and
the Fourteenth Amendments of the Constitution and Laws of the United States.
As a result of the aforesaid actions, the decedent, INDIA T. CUMMINGS, was
unlawfully subject to cruel and inhuman treatment, was deprived of due process
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and otherwise tortuously and maliciously harmed by the actions of the
defendants, in violation of Title 42 of the United States Code 1983, et. sec.
47. As a result of the foregoing, the plaintiff has sustained general and
special damages in an amount that exceeds the jurisdictional limits of all lower
courts that would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION

allegation contained in paragraphs "1" through " 47" of this Complaint with the
49. Decedent left surviving her mother and father and brother.
50. The decedents next of kin were dependent upon decedent for
support, maintenance, nurture, comfort, advice, aid and society, which they are
now deprived of as a result of the aforesaid incident.
51. As a result of the aforesaid incident, medical, funeral and burial
expenses have been incurred.
52. By reason of decedents death caused by the negligence of the
defendants as aforesaid, her distributees and next of kin have sustained
damages in an amount that exceeds the jurisdictional limits of all lower courts
that would otherwise have jurisdiction.
53. By reason of decedents death caused by the negligence of the
defendants as aforesaid, her distributees have been damaged, and the amount
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of damages sought herein by the plaintiff on behalf of the said distributees shall
exceed the jurisdictional limits of all lower courts, which would otherwise have
jurisdiction.
WHEREFORE, the plaintiff demands judgment against the defendants,
COUNTY OF ERIE, ERIE COUNTY SHERIFFS OFFICE, ERIE COUNTY
SHERIFF TIMOTHY B. HOWARD, CITY OF LACKAWANNA, CITY OF
LACKAWANNA POLICE DEPARTMENT, PETER MARTIN, M.D., EVELYN
COGGINS, M.D., and TOM CHAPIN, NP, ERIE COUNTY MEDICAL CENTER
CORPORATION, GERALD IGOE, M.D., and TERA M. CIESLA, PA, either jointly
or severally, in the First Cause of Action in an amount that exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction; in the
Second Cause of Action in an amount that exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction; in the Third Cause of
Action in an amount that exceeds the jurisdictional limits of all lower courts which
would otherwise have jurisdiction; in the Fourth Cause of Action in an amount
that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction; and for such other, further or different relief as the Court may
deem just and proper, together with the costs and disbursements of the action.
DATED: Buffalo, New York

April 28,2017
VANDETTE PENBERTHY LLP
By: ____s/ James M. VanDette______

JAMES M. VANDETTE, ESQ.
Attorneys for Plaintiff
Office and P.O. Address
617 Main Street, Suite 203
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(716) 803-8400
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5.5.17 Complaint

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FILED: ERIE COUNTY CLERK 04/28/2017 04:57 PM INDEX NO.

STATE OF NEW YORK

TAWANA R. WYATT, as Administrator of the

PETER MARTIN, M.D.

EVELYN COGGINS, M.D.

ERIE COUNTY SHERIFFS OFFICE

ERIE COUNTY SHERIFF TIMOTHY B. HOWARD

CITY OF LACKAWANNA POLICE DEPARTMENT

ERIE COUNTY MEDICAL CENTER CORPORATION

GERALD IGOE, M.D.

Plaintiff, above named, by her attorneys, VANDETTE PENBERTHY LLP,

OFFICE, ERIE COUNTY SHERIFF TIMOTHY B. HOWARD, CITY OF

LACKAWANNA, CITY OF LACKAWANNA POLICE DEPARTMENT, ERIE

COUNTY MEDICAL CENTER CORPORATION, GERALD IGOE, M.D., and TARA

AS AND FOR A FIRST CAUSE OF ACTION

1. The plaintiff, TAWANA R. WYATT, as Administratrix of the Estate

of INDIA T. CUMMINGS, at all times hereinafter mentioned, was and still is a

State of New York.

2. On or about the 5th day of July, 2016, the plaintiff, TAWANA R.

WYATT, was appointed Administratrix of the Estate of INDIA T. CUMMINGS,

of New York, and Letters of Administration of the Estate of INDIA T. CUMMINGS

3. Upon information and belief, the defendant, ERIE COUNTY, is a

of the State of New York.

4. Upon information and belief, the defendant, PETER MARTIN, M.D.,

a physician duly licensed to practice in the State of New York.

5. Upon information and belief, the defendant, EVELYN COGGINS,

and is a physician duly licensed to practice in the State of New York.

nurse practitioner duly licensed to practice in the State of New York.

7. Upon information and belief, the defendant, ERIE COUNTY

and governmental subdivision in the State of New York, County of Erie.

8. Upon information and belief, the defendant, ERIE COUNTY

being sued in both his individual and official capacity.

9. Upon information and belief, the defendant, CITY OF

governmental subdivision in the State of New York, County of Erie.

10. Upon information and belief, the defendant, CITY OF

LACKAWANNA POLICE DEPARTMENT, was and is a duly organized and

11. Upon information and belief, the defendant, ERIE COUNTY

MEDICAL CENTER CORPORATION (hereinafter referred to as ECMC) was and

a physician duly licensed to practice in the State of New York.

a physician assistant duly licensed to practice in the State of New York.

defendant, PETER MARTIN, M.D., was employed by the defendant, COUNTY OF

ERIE and was acting within the scope of his employment.

defendant, EVELYN COGGINS, M.D., was employed by the defendant, COUNTY

OF ERIE, and was acting within the scope of her employment.

defendant, TOM CHAPIN, NP, was employed by the defendant COUNTY OF

ERIE, and was acting within the scope of his employment.

acting within the scope of his employment.

was acting within the scope of her employment.

defendant, ERIE COUNTY SHERIFF TIMOTHY B. HOWARD, was the acting

COUNTY SHERIFFS OFFICE.

defendants, COUNTY OF ERIE and/or ERIE COUNTY SHERIFFS OFFICE,

Holding Center located at 10 Delaware Avenue, in the City of Buffalo, County of

Erie and State of New York.

21. Upon information and belief, an agreement existed between the

COUNTY SHERIFF TIMOTHY B. HOWARD regarding medical care and treatment

ERIE COUNTY SHERIFFS DEPARTMENT and/or ERIE COUNTY SHERIFF

TIMOTHY B. HOWARD maintained, operated, managed, controlled and staffed

and custody of all inmates at Erie County Holding Center.

23. Upon information and belief, as a result of the alleged incident

hereinbefore described, the plaintiffs decedent, INDIA T. CUMMINGS, sustained

and suffering and physical anguish.

24. Upon information and belief, the incident hereinbefore described

careless, reckless and/or unlawful conduct on the part of the defendants,

COUNTY OF ERIE, and/or PETER MARTIN, M.D., and/or EVELYN COGGINS,