Damon R. Beckman, by and through his legal guardian, David Beckman, et al. v. State of Washington, et al.
Published: Jun. 3, 2000 | Result Date: Feb. 7, 2000 | Filing Date: Jan. 1, 1900 |Case number: 982055796 Verdict – $17,800,000
Judge
Court
Pierce Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jon R. Conte
(technical)
Eugene B. Edgar
(technical)
David T. Rollins
(technical)
Defendant
David R. Knowles
(technical)
Phillip G. Lindsay
(technical)
Facts
The Nelson home went through the Adult Family Home Licensing Process from 1991-1993. In 1994, an individual employed by a licensed private facility allegedly reported to DSHS caseworker Beth Stremel that Troy Nelson was allegedly abusing disabled men at that facility in 1991. Caseworker Stremel did not believe there was sufficient information upon which to take any action and did not do anything. According to the defendant, Damon Beckman moved into the home in 1994. He never filed any complaint of abuse. Eric Busch received only respite or periodic care in the home. Eric Busch never filed any report of abuse. Bill Coalter moved to the Nelson home in late February 1996. The state received allegations in March 1996 that Coalter was allegedly being physically abused. After interviewing the plaintiff and the caregivers on two separate occasions, an adult protective caseworker concluded that the likely explanation was some form of rivalry between plaintiffs Beckman and Coalter. In June 1996, a second report of suspected abuse regarding plaintiff Coalter was filed. Investigation into this by a Medicaid fraud investigator from the Attorney General's Office concluded that plaintiffs Beckman and Coalter (who are both incompetent) had been sexually abused for several months on a weekly basis. DSHS investigators also determined there was sufficient caused to take action against the adult family home licensee. DSHS suspended the adult family home license on July 17, 1996.
Result
Bill Coalter was awarded $8.25 million. Plaintiff Damon Beckman was awarded $4.94 million. Plaintiff Eric Busch was awarded $4.61 million. The jury awarded $6 million for pain and suffering, $3.8 for past and future health care costs and $8 million in punitive damages against the three individual state employee defendants. Because of joint and several liability, DSHS is responsible for the entire amount of the $17.8 million judgment. Additionally, the plaintiffsÆ attorneysÆ fees and costs will be billed to DSHS.
Other Information
According to the defendant; early in the case, on Sept. 22, 1998, before discovery was complete, DSHS offered to have a judgment taken against it in the amount of $600,000. This offer was rejected, and the plaintiffs made no offer to settle the case at that time. In December 1998, Pierce County Superior Court Judge Brian Tollefson granted the plaintiffsÆ motion for partial summary judgment ruling that DSHS was negligent as a matter of law from March 25, 1996 (first report of alleged abuse) through July 19, 1996 (license revoked) due to inadequate investigation of the abuse allegations. The plaintiffs later brought another pretrial motion for summary judgment arguing that the two DSHS employees violated the plaintiffsÆ civil rights as a matter of law. DSHS cross-moved for summary judgment arguing that the civil rights claims should be dismissed because no clearly established federal law was violated and that the actions of the individual employees were protected by qualified immunity. The court denied both of these motions, leaving the civil rights claims for the jury to decide. The first mediation occurred on April 22, 1999. It was not successful. On April 30, 1999, DSHS made a second offer to have judgment taken against it in the amount of $1.5 million. This second offer of judgment was also rejected by the plaintiffs. A second mediation occurred on Aug. 24, 1999, where the plaintiffs dropped their settlement demand to $15 million. DSHS increased its offer to settle to $2.5 million. This offer was rejected. On Jan. 24, 2000, the plaintiffs made their final settlement demand of $7.3 million. The defendants increased their offer to $2,650,000. This offer was rejected. After a six-week trial, the jury concluded that DSHS was 60 percent liable for the abuse of plaintiffs and that the Adult Family Home Operators who abused them were 40 percent liable.
Deliberation
five days
Length
six weeks
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