Category Archives: Negligence

School Sued After 25 Years of Sex Abuse Accusations

A bit over 25 years ago, children at the elite Poly Prep Country Day School in Brooklyn were allegedly sexually abused by the football coach, Philip Foglietta. Back in August, 10 alumni and 2 summer camp students sued the school. While the group could not file under the Racketeer Influenced and Corrupt Organizations, Judge Frederic Block allowed two individuals to move forward with the RICO claim, as they had donated money to the school. 11 of the plaintiffs were also allowed to pursue the case for negligence and Title IX sexual abuse claims.

Though Foglietta died in 1998, the case claims that the abuse lasted over a 20 year period, from 1966 to 1986. While accusations were made, threats were made to conceal, refutations made by the former headmaster William Williams, and none of the accusations before 1991 (the year Foglietta retired) were ever found.

While Poly Prep did ask for dismissal of the case, it continues on past three-year statute of limitations. The school believes that the case “will ultimately be dismissed following a hearing,” but has also pursued settlements with the plaintiffs.

Children’s Motrin Suit Ends with $63 Million Payout

Samantha Reckis was 7 years old when she took Children’s Motrin with ibuprofen and suffered through blindness, temporary short-term memory loss, 20% lung capacity, and toxic epidermal necrolysis, a rare but severe side effect that caused the loss of 90% of her skin.

Now at 16, Reckis has been granted $63 million against Johnson & Johnson for the lack of warning on the labels. She had taken Motrin before the incident with little reaction, but on November 23rd, following a fever, symptoms started showing.

Johnson & Johnson debated the claims, alleging that Motrin is “labeled appropriately” and when used as directed is “a safe and effective treatment option for minor aches and pains and fever.”

California Woman Permanently Injured

A California woman was permanently injured in 2006.  After arresting Christina Eilman, police, ignoring a police commander’s instructions to take her to a hospital, took her to the Wentworth District lockup in the city’s highest-crime areas.  The next night, after she showed psychotic behavior, police released her with no assistance or direction, miles from where she was arrested.  As a result, she was sexually assaulted before plunging from a seventh-floor window.  She suffered brain injury, a shattered pelvis, a collapsed lung and other injuries.  The prosecution is suing for negligence alleging the police knew Eilman would meet great harm upon release and that police violated the Americans with Disabilities Act by denying her access to needed mental health care while in custody.

Now, the defendants are using stall tactics and the prosecution has sent three motions with the appellate court to make a decision and has yet to hear back.  The prosecution claims that these delay tactics are detrimental to the case as passage of time has an effect on witnesses and as Eilman’s condition does not receive the proper care.  Eilman has no insurance and is completely dependent on CA for medical aid.  She will remain physically and mentally impaired for the rest of her life as a result of this incident, along with remembering the traumatic night of her sexual assault.

Lawsuit against the Town of Rocky Mount

In December 2011, Steve and Brenda Agee filed a lawsuit against the town of Rocky Mount, who they claim failed to maintain its sewage system which caused it to back up in their basement in January 2011.  The town’s attorney tried to have the case thrown out citing other rulings that gave the town sovereign immunity.  However, the judge ruled that the town can be sued if the prosecution argues negligence or a lack of maintenance caused the problem.

The reason is still unclear as to what caused the back-up, as the prosecution is denied this information under the Freedom of Information Act.  Fortunately for the Agees, the case will proceed.