Thomas A. Montiglio was successful in obtaining a defense verdict in the case of Godoy v. Central Islip UFSD, Supreme Court, Suffolk Co. 2016 – Defense Verdict – The plaintiff was an 18-yr. old senior enrolled in night school in Central Islip School District. The plaintiff was playing floor hockey during gym class with the gym teacher actively participating in the game. The Plaintiff alleged that during the game the teacher went to take a slap shot and he attempted to block the shot by reaching the stick forward with his right hand. At that time the teacher’s stick came into contact with the plaintiff’s finger causing a fracture. Slap shots are not permitted in gym floor hockey. The teacher alleged that he did not take a slap shot but took a wrist shot from 12 ft from the goal when the ax happened. The teacher conceded that the game got competitive, but the game never got rough. Plaintiff called an expert witness that testified that the teacher would not be able to participate in the game and adequately supervise the children in the gym class. The jury found no negligence on the part of the school district.
