Figliomeni v. Board of Education of the City School District of Syracuse

Rocco Figliomeni (plaintiff) was a 14-year-old student at a school operated by the Board of Education of the City School District of Syracuse (board) (defendant). Rocco was severely handicapped, possessing a low intelligence quotient and limited vision. Rocco was in a special class for children with severe problems. Joseph Gangemi (defendant) was one of Rocco’s teachers. Rocco was permitted limited physical activities, such as jumping and playing with a small, soft ball. Nevertheless, Gangemi, who had not reviewed Rocco’s health card, threw a hard baseball to Rocco that apparently struck Rocco in the head. Rocco subsequently suffered numerous maladies, including drowsiness from which he could not be aroused, a skull fracture that was discovered via surgery, a postoperative infection, and recurring epileptic seizures that prevented Rocco from being able to work. Rocco and his father, Frank Figliomeni (plaintiff), sued the board and Gangemi, seeking recovery for Rocco’s injuries and related damages. The jury, which the supreme court instructed to impose liability on Gangemi and the board for any medical malpractice that may have been committed by Rocco’s postaccident doctors, found in favor of Rocco and Frank, awarding Rocco $18,000 and a larger amount to Frank. The supreme court set aside the jury’s damages-award to Rocco as inadequate and ordered a new trial solely on damages. The board and Gangemi appealed, seeking a new trial regarding both liability and damages. The appellate division rejected the board and Gengemi’s contention. After a damages retrial without a jury, the supreme court awarded Rocco $125,000 in damages, which the appellate division increased to $175,000. The board and Gangemi appealed, reiterating their position that the second trial should have included liability.