Judge says Thomas Valva wrongful death suit 'is going to trial'
“This case is going to trial," U.S. District Judge Brian M. Cogan wrote in a trial management order.
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A proposed settlement in the wrongful death lawsuit of Thomas Valva—the 8-year-old Center Moriches boy who died in 2020 of hypothermia after being left in a freezing garage—will not move forward because the case is now headed to trial, according to court documents.
“This case is going to trial," U.S. District Judge Brian M. Cogan wrote in a trial management order.
The $9 million lawsuit alleges Suffolk County officials ignored signs that Thomas was being abused, beaten and starved prior to his death.
The settlement was previously stalled after Justyna Zubko-Valva, Thomas' mother, had not filed a motion for approval. Cogan gave her an ultimatum to sign by May 28 or face a trial.
She did so on deadline, and it was sent to a judge for final approval.
However, Judge Cogan ultimately denied approval, writing that the “plaintiffs’ motion makes it clear that there is no settlement on the terms proposed by the motion,” saying the parties had not agreed on key components.
In light of those deficiencies, the court directed that discovery and trial preparations proceed.
Zubko-Valva’s attorney, Thomas Bosworth, subsequently sought an extension of the discovery deadline, stating in court papers that “all parties have been working diligently with the court-appointed mediator to come to an agreement" of the terms.
The filing said efforts included “numerous mediation sessions in which all counsel and the Plaintiff herself have meaningfully participated.”
But Cogan denied the request.
“The parties should be prepared for a Pretrial Conference sometime in August," adding, "How the parties choose to focus their efforts between now and trial is up to them. But the Court is not going to authorize any further extensions of time to complete discovery or to file a new settlement approval motion," he said.
Thomas’ father, Michael Valva, and his former fiancée, Angela Pollina, are currently serving sentences of 25 years to life in prison for his murder.
A Suffolk County spokesperson said they cannot comment on pending litigation.
