On Jan. 10, 2006, plaintiff Joseph Goss Jr., 15, attended Shenendehowa High School, in Clifton Park. While he was being supervised by the school’s wrestling coach, Joseph jumped off of the top of a tall cabinet. He landed on his back, and his head struck the floor. He sustained injuries of his back, his groin, his head and a wrist.
Joseph’s father, Joseph Goss Sr., acting individually and as Joseph Jr.’s parent and natural guardian, sued the school and its operator, Shenendehowa Central School District. The plaintiffs alleged that the coach was negligent in his supervision of Joseph Jr. The plaintiffs further alleged that the defendants were vicariously liable for the coach’s actions.
Joseph Jr. claimed that the matter was rooted in an incident that occurred in December 2005. He contended that the coach allowed him to jump off of the same cabinet, to retrieve an item that was hanging from a beam that was located some 15 feet above the floor. He claimed that the coach was so impressed by his ability that he extended an invitation to audition for the wrestling team. Joseph contended that the Jan. 10 incident was also inspired by the coach. He claimed that the coach wanted Joseph to repeat the feat in the presence of an assistant coach. Several students claimed that they overheard such a conversation between Joseph and the coach, and plaintiffs’ counsel reported that the school’s principal investigated the matter and concluded that the coach had encouraged Joseph to jump.
The coach acknowledged that he permitted the initial jump in December 2005, but he contended that he did not encourage the Jan. 10 incident. He claimed that he merely asked Joseph to leap from a standing position on the floor, though he acknowledged that he did not attempt to stop Joseph when it became apparent that Joseph intended to leap off of the cabinet. He claimed that he merely advised Joseph to avoid injury. However, the coach’s contentions and claims contradicted deposition testimony that was provided by the school’s principal, who indicated that the coach claimed that he was not aware that Joseph had been standing on the cabinet until after he had fallen.
Joseph sustained injuries of his back, his groin, his head and a wrist. He contended that his head’s injury caused a concussion that led to persistent headaches and impairment of cognitive functions that included his ability to concentrate, his ability to control impulses and his short-term memory. He underwent neurological and neuropsychological assessments, and the evaluations led to rehabilitative therapy and the prescription of medication that controls his impulsive behavior. His other injuries resolved quickly.
Joseph claimed that he experienced residual academic problems, and his school’s psychologist determined that Joseph had suffered a traumatic brain injury. The psychologist approved Joseph for special accommodations, such as extra time to complete tests, special seating in classrooms and other help. Joseph graduated high school, and he currently attends the State University of New York at Albany.
Joseph contended that he suffers permanent residual impairment of his cognitive functions. Joseph’s treating doctors opined that Joseph will require lifelong treatment and lifelong use of the medication that controls his impulsive behavior. They also suggested that Joseph’s condition will impair his career.
Joseph’s father sought recovery of Joseph’s past and future medical expenses, Joseph’s future lost earnings, and damages for Joseph’s past and future pain and suffering. He also presented a derivative claim.
The defense’s expert neuropsychologist opined that Joseph has fully recovered and that he does not suffer impairment of his cognitive functions. However, plaintiffs’ counsel reported that the defense’s vocational-rehabilitation expert prepared a report that indicated that Joseph’s injuries would limit his vocational potential.
The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $700,000.