BR Guest Holdings, which owns restaurants in New York City and elsewhere, has agreed to pay $950,000 to a former employee who was fired after being hit by a bus and temporarily disabled.
The plaintiff, Michael Miloscia, began working as manager of one of BR’s Manhattan restaurants, Vento Trattoria, in April 2009. In July, just weeks before he would have been eligible to enroll in the company’s health insurance, he was hit by a bus and severely injured. He was unable to continue working, and BR fired him effective the date of the injury. It was disputed exactly when the decision to fire him was made, but the result was that he was unable to enroll in the company’s insurance and became liable for $33,000 in medical bills.
Miloscia, who eventually recovered and has since found another job, sued BR under the city and state Human Rights Laws for disability discrimination. He alleged that BR should have given him unpaid leave until he was able to return to work.
A trial in Miloscia v. BR Guest Holdings, 116881/09, began earlier this year before Manhattan Supreme Court Justice Eileen Rakower (See Profile). The case settled shortly before the last witness was to testify, according to David Scher, a partner at Block O’Toole & Murphy, who represents Miloscia along with Ravi Sattiraju, of counsel to the firm.
BR is represented by James Lemonedes, a partner at Fox Rothschild, who declined to comment.