Bay Shore, NY — A significant legal shake-up has occurred as a Suffolk County Supreme Court judge has overturned a $25 million jury verdict originally awarded against the Bay Shore School District. The school district was previously found liable due to its continued employment of Thomas Bernagozzi, a former teacher accused of sexually abusing students. Justice Christopher Modelewski has instead proposed a drastically reduced sum of $4 million, setting the stage for a potential retrial unless an agreement is reached.
In rendering this decision late last week, Judge Modelewski specified the breakdown of the new amount, earmarking $2.88 million for past pain and suffering and $1.12 million for future damages. This decision comes after the judge demanded additional details from both parties regarding settlements in similar cases under the Child Victims Act but was unsatisfied with the responses, particularly from the plaintiff’s side.
Steven J. Maloney, the Superintendent of Bay Shore Schools, addressed this challenging period in a letter to parents. He highlighted the district’s decision to seek judicial review of the jury’s decision was a carefully considered one, underscoring the district’s commitment to fairness and the well-being of its students.
The controversy reflects back on allegations surrounding Bernagozzi’s conduct during his tenure from 1970 to 2000 at Gardiner Manor Elementary School. The lawsuit that spurred the original jury verdict was brought forth by a former student, who claimed to have been abused in 1990-91 when he was in third grade.
Jeffery Herman, attorney for the plaintiff, expressed dissatisfaction with the court’s latest ruling and declared intentions to appeal. He voiced his client’s determination to continue the fight for justice. Meanwhile, Thomas Bernagozzi, now 75, who faces several charges including a criminal sex act with a child and possession of child pornography, has denied all allegations.
The legal arguments presented were intense, with district lawyers calling for a complete retrial, referencing prior settlements involving Bernagozzi under the Child Victims Act that averaged around $3 million each. Seventeen such cases have been settled for a total of $55 million, displaying a precedent significantly lower than the jury’s recent award.
The original jury assigned a substantial portion of the $25 million for damages spanning over decades of alleged abuse, a sum exceeding the amount initially sought by the plaintiff. This led to the school district’s annual budget of $197 million for 2024-25 being scrutinized concerning the feasibility of sustaining such a large financial award.
Judge Modelewski ultimately conceded to the district’s request for a retrial on the amount of damages, though he maintained the liability ruling that held the district responsible. This decision aligns with the judge’s call for a more prudent assessment of compensatory awards in line with historic settlements within the county.
As the case potentially progresses towards a retrial on the damages sum, the legal representatives for the plaintiff advocate for respect towards the court while pushing for what they deem as a justified compensation based on the gravity of the allegations.
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