$30M Verdict in Newark Afterschool Abuse Suit

A New Jersey state-court jury has returned a $30 million verdict for a former student who alleged he was repeatedly sexually assaulted as a child while enrolled in an after-school recreation program at Newark’s Ann Street School between 1991 and 1995. The case, tried over two weeks in the Superior Court of New Jersey in Essex County, focused on alleged assaults by a recreation aide and on whether public entities responsible for operating and overseeing the program failed to protect the student after an alleged disclosure to a teacher. Jurors apportioned liability among the Newark Public Schools district, the City of Newark, and the aide’s estate, setting up anticipated post-trial motions and appeals.

Allegations Arising From the Ann Street School Afterschool Program

According to the plaintiff’s case, the abuse began when the student was in third grade in 1991 and continued through seventh grade, with assaults allegedly occurring several times per week. The aide identified in the lawsuit, John Cantalupo, was assigned to staff the Ann Street School Afterschool Recreation Program, which was described as being administered jointly by the City of Newark and the Newark Public Schools district. The complaint alleged that the assaults took place in secluded locations at the K-8 school, including a storage closet or office-like area, and also in Cantalupo’s vehicle when he provided rides to and from the program.

The litigation also centered on what the school and program supervisors knew or should have known during the relevant period. The plaintiff alleged he reported the abuse to a teacher involved with the program, Gene Foti, but that the report was not acted upon and was not escalated through mandatory reporting channels, allowing the abuse to continue for years. Plaintiff’s counsel asserted that trial testimony supported that a disclosure was made, with the teacher recalling a child raising concerns about inappropriate conduct but not treating it as a report of sexual abuse. The suit further alleged that Cantalupo died by suicide in 1995, after law enforcement contacted him concerning an abuse complaint made by another individual.

The Trial, Verdict, and Apportionment of Liability

Eight jurors delivered the verdict on Tuesday, Jan. 27, following a two-week trial before Judge Jeffrey Beacham in Newark. The plaintiff did not request a specific dollar amount, and the award was described by counsel as reflecting jurors’ assessment of non-economic damages, including past and future pain and suffering. Plaintiff’s counsel stated their client felt vindicated by the decision, and attorney Matthew Bonanno said in a statement, “This was a long journey for him, a long process for him, talking about everything that happened 30-plus years ago.”

The jury apportioned fault across three defendants: Newark Public Schools at 70%, the City of Newark at 20%, and Cantalupo’s estate at 10%. The allocation may influence both collection prospects and the public entities’ strategy on appeal, particularly where the estate’s share is described as unlikely to be recovered. The verdict also underscores how juries evaluate institutional accountability claims tied to historical abuse allegations, especially where plaintiffs argue that early intervention—after a disclosure to an educator—could have prevented continued harm.

Procedural Context Under the New Jersey Child Victims Act and Next Steps

The plaintiff filed suit in February 2020, during a two-year window created by the New Jersey Child Victims Act that expanded the ability of survivors of childhood sexual abuse to bring civil claims that would otherwise be time-barred. That statutory framework has placed increased focus on the policies, supervision, and reporting practices of schools and youth-serving programs, including the question of whether alleged failures to report and to protect were a proximate cause of continuing abuse—issues that often involve education expert witness analysis in institutional-liability matters. Here, the plaintiff alleged decades of emotional harm and was reported to have been diagnosed with post-traumatic stress disorder, an area where psychology expert witness testimony can be central to damages.

Post-verdict proceedings are expected to include appellate review. Counsel indicated they anticipate appeals and noted that public-entity defendants had 40 days to appeal. The City of Newark, through its corporation counsel, stated it intends to file an appeal while condemning sexual abuse. Newark Public Schools declined to state whether it would appeal, while issuing a statement referencing existing protections, including background checks, reporting protocols, staff training, and related safeguards. Broader litigation implications remain tied to how appellate courts address evidentiary and allocation issues in older-abuse cases brought under expanded limitations periods, including procedural considerations addressed in New Jersey expert witness rules.

Case Details

Case Name: M.G. v. City of Newark, et al.

Court Name: Superior Court of New Jersey, Law Division, Essex County

Case Number: ESX-L-001083-20

Plaintiff Attorney(s): Rebenack Aronow Mascolo; Pfau Cochran Vertetis Amala

Defense Attorney(s): Adams Gutierrez & Lattiboudere, LLC; Antonelli Kantor Rivera