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Carlo de Oliveira

Carlo de Oliveira
In Firm News, Press Releases

Cooper Erving & Savage Settles Lawsuit on Behalf of a Student Denied Autism-Related Services by School District for 1.55 M.

PRESS RELEASE

Contact: Carlo A. C. de Oliveira, Attorney
June 5, 2023 (Cooper Erving & Savage LLP)
449-3900
cdeoliveira@coopererving.com

After 5 years of litigation in Federal District Court, the North Syracuse Central School District settled a lawsuit against the district that was brought by a family of a student who claimed that the school district had failed to provide their autistic son proper education and accommodations while he was a student.

The lawsuit was filed in May 2018 alleging that the School District had violated the child’s rights under Section 504 of the Rehabilitation Act of 1973 (42 U.S.C. §794[a]), which prohibits recipients of federal financial assistance, such as a School District, from excluding from participation in, denying benefits of, or discriminating against a student on the basis of his or her disability.  In their lawsuit, the parents alleged that the North Syracuse Central School District discriminated against their son by denying him autism-related services necessary for their son’s education in spite of experts’ recommendation and the family’s offer to pay for the services.  The lawsuit also alleged that the District failed to, among other things, (1) provide a certified special education teacher to the child, (2) provide a full-time 1:1 teaching assistant for the child, (3) complete a Functional Behavior Assessment (“FBA”) to address the behaviors impeding on the child’s learning, and (4) provide the child with an augmented assistive communication device necessary for the child’s communication in class.  The parents also claimed that the teachers improperly strapped their son into a chair while in school rather than provide adequate staffing to monitor and educate the child.

Following the first week of trial, the case was compromised and settled on Friday, June 2 with the School District agreeing to pay to the student the sum of $1,550,000.  Lead counsel for the plaintiff, Mr. de Oliveira stated that he was very pleased to have resolved this matter in favor of this wonderful young man and very happy that the settlement will be available to provide the appropriate care and education for the child.  Mr. de Oliveira commented: “This family sacrificed so much to make sure that their son received the services that he needed in order to succeed.  They epitomize the meaning of ‘unconditional love.’  We are honored to have contributed to secure a better future for this wonderful young man.”

The Plaintiff, Robert F. and April F. as Guardians Ad Litem of G. F. were represented by Carlo A. C. de Oliveira and James D. Linnan of the Cooper, Erving & Savage law firm of Albany NY.  The proceeds of the settlement will be structured to provide for the care and education of the child over his lifetime.  The student and his family have moved out of the district and are now receiving excellent cooperation from the boy’s school in another state, according to their attorneys.

 

Robert F., et al. v North Syracuse Central School District, et al., 5:18-CV-00594 (N.D.N.Y.) (MAD/ATB).

https://www.localsyr.com/news/local-news/north-syracuse-central-school-district-settles-lawsuit-involving-family-of-autistic-student-for-1-55-million/

https://www.syracuse.com/education/2023/06/central-ny-district-to-pay-155-million-to-settle-lawsuit-over-educating-student-with-autism.html

https://cnycentral.com/news/i-team/i-team-cny-school-district-settles-lawsuit-faces-another-over-autism-services

https://cnycentral.com/news/crisis-in-the-classroom/syracuse-mom-advocate-reacts-to-lawsuits-over-north-syracuse-autism-services#

https://cnycentral.com/news/crisis-in-the-classroom/expert-on-disability-in-education-highlights-importance-of-services-for-students-with-autism

https://cnycentral.com/news/crisis-in-the-classroom/state-lawmaker-defends-north-syracuse-school-district-after-lawsuits-over-autism-services

https://www.conjur.com.br/2023-jul-11/distrito-escolar-ny-indenizar-aluno-autista-us-15-milhao

Carlo de Oliveira
In Press Releases

Otsego County Jury Awards Plaintiff Record $2.75 Million in Damages.

Albany, New York (August 1, 2022) – On Thursday, July 28, 2022, an Otsego County Jury rendered a unanimous verdict awarding a female plaintiff $2.75 Million in damages for past and future pain and suffering resulting from her rape by her friend’s brother, while she slept over at the friend’s home.

The lawsuit was filed in May 2018 alleging that the parents of her friend were negligent in allowing the plaintiff, who was under the age of consent at the time, to sleep in the bedroom of their 20-year-old son, whom they knew presented a danger to other young females.  Specifically, the parents had been warned by school officials years earlier that their son was exhibiting sexually predatory behavior in school.

In May 2016, the plaintiff was invited to a sleepover at her friend’s home.  The brother invited the plaintiff and his sister to watch a movie in his bedroom with the knowledge and consent of the parents.  After the sister and parents fell asleep, he raped the plaintiff who was only 14 years old at the time.

After extensive motion practice, three appeals, and two trial adjournments due to Covid, the plaintiff finally had an opportunity to present her case to a jury.  After a 9-day trial, it took the jury only 3 hours to render a verdict in favor of the plaintiff and against the parents and son.  The jury found the parents at fault because of their failure to warn the plaintiff and her mother about the danger their son presented to other young females and their negligence in failing to protect and supervise the minor plaintiff while she was a guest in their home.

The jury verdict is a monumental day for justice.  “The bravery and perseverance of the victim in this case was extraordinary.” said Carlo A. C. de Oliveira, the plaintiff’s lead trial counsel.  “This incident occurred when she was only 14 years old.  Most victims of sexual assault are afraid and embarrassed to report their assault even when they are adults and their assailant is a stranger.  In this case, the assailant was her friend’s brother.  It took this young lady 6 years to be vindicated.  I hope that her story will help inspire other young victims of sexual assault to disclose their assault to authorities without the fear of not being believed.”

The plaintiff’s verdict in this case is one of the largest verdicts ever awarded by a Jury in Otsego County.

Carlo A. C. de Oliveira, a member of Cooper Erving & Savage LLP of Albany, represented the plaintiff.  Mr. de Oliveira provides representation in personal injury and civil rights matters.  At trial, he was assisted by associate Matthew Minniefield.  N.Y. v Manikas, Index No. EF2018-454 (Sup. Ct., Otsego County).

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