John Fiocco, Jr., a student at the College of New Jersey, went missing from his dorm room in the early hours of March 25, 2006. His body was found in a landfill a month later in Tulleytown, Pennsylvania. While the cause of Fiocco’s death has not been determined, it is thought he may have somehow fallen through the door of the compactor room and into the trash container inside.
The Lawsuit
Fiocco’s parents filed a lawsuit in state Superior Court alleging the College and others did not secure this area, deemed as “hazardous” in the dormitory. The suit also claims campus police did not respond in a timely manner to Fiocco’s disappearance. Several “John Does” who might be responsible for the service and operation, management, and supervision of the College’s facilities are also named in the lawsuit. Fiocco’s family is seeking punitive damages, but it is not specified how much they are asking for. It was reported in September 2006 that the family was seeking over $5 million.
Safe Environment?
The lawsuit claims the College did not “provide a safe and secure residence and learning environment.” And we can argue until the cows come home about this question. How safe should college campuses be? Alleging “willful, intentional, outrageous and malicious” conduct on the part of the College and the other unnamed defendants only gives a glimpse into what the Fiocco family and their lawyers think. But, for the most part, campuses are fairly safe. It’s usually the conduct of a few that make the news.
Drunks who fall down elevator shafts or plummet from their dorm windows, off campus Greek parties with binge drinking 18-year-olds, and other stories generally steal the headlines. This causes the public to believe the nation’s college campuses are full of boneheaded, apathetic, and entitled kids who would rather party than study (and this might be partially true).
Yet, John Fiocco might have been none of these. Because the events leading up to his death are unclear, we don’t know. It can be assumed from the lawsuit that this might have been an accident. Maybe he was reaching down to grab something that fell into the chute and he fell with it. Maybe he was screwing around. Whatever the case, parents assume that when they send their kids off to college, there will be competent adults in charge who are looking to prevent deaths like this. If there was “reckless disregard and indifference to the health, safety and welfare” of John Fiocco, as the lawsuit contends, then the College needs to be punished.
If you, or a loved one, feel that you have a wrongful death case and would like to pursue a legal avenue, please contact an experienced injury lawyer.
