Rodriguez v. State

These are tort claims to recover for personal injuries sustained by Yolanda Rodriguez, a patient at Willowbrook State School, Staten Island, New York, on April *17518,1971. The claims were filed by her mother, Elba Rodriguez, as mother and natural guardian and individually.

Yolanda Rodriguez is a profoundly retarded girl who was, at the time of the alleged incident, five years old. She had ah estimated I.Q. of 5 and was paraplegic and spastic. Her condition was diagnosed as hydrocephalic1 and spina bifida.2

The infant was not able to sit, crawl or take care of her needs. She could not move her legs…