Tom Farrell and Laurie Farrell v. County of Alameda
Published: Feb. 14, 1998 | Result Date: Jun. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: H1801534 Bench Decision – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Richard Alexander
(Alexander Law Group LLP)
Defendant
Facts
In 1984, plaintiffs Tom and Laurie Farrell, adopted plaintiff Jeff Farrell at 28 months old, through an open adoption with the defendant County of Alameda Social Services Agency. The plaintiffs learned that Jeff suffered from various disorders including reactive attachment disorder and a severe eating disorder, which they alleged resulted from prenatal and postnatal abuse known by defendants prior to the placement of Jeff with the family. Jeff lived with the Farrells until he was placed in a residential group home at the age of 10. After information allegedly known by the defendants was released to the plaintiffs in 1994, plaintiffs brought this action against Alameda County and a case worker, based on several theories of recovery inluding causes of action for fraud, intentional misrepresentation and concealment; statutory violation; negligent misrepresentation and concealment; negligent infliction of emotional distress and intentional infliction of emotional distress.
Settlement Discussions
Plaintiffs' initial demand was reduced to $1.5 million just before first trial call. Defendants reported that plaintiff's initial demand was $9 million. Defendants' last offer was $100,000.
Damages
Claimed damages for the boy were approximately $2.2 million, including placement in a special school (through college, per defendants) psychiatric and psychological counseling for life and medication. In addition, plaintiffs demanded damages for pain and suffering and emotional distress totaling approximately $2 million.
Injuries
Plaintiffs claimed to suffer severe psychological injuries, including ADHD and Fetal Alcohol Effect and Reactive Attachment Disorders, requiring psychological counseling as a result of defendants' conduct.
Result
RESULT: Defense motion for summary judgment granted in its entirety two weeks before projected six-week trial on two separate grounds, that plaintiffs failed to establish causation and immunity as to the conduct alleged. The trial court found that there was no evidence showing that the delay in providing additional information about the birth mother's background caused plaintiffs' damages. Further, the trial court found that discretionary immunity applied to any omission of information in that the county employees had discretion as to how much information to put in their written reports.
Other Information
The decision was rendered approximately two years and six months after the case was filed. The case settled in August 1997 (per plaintiffs). The defendants reported the case settled in November 1997. The defendants agreed to waive their considerable costs in exchange for plaintiffs waiving their right to appeal from the court's decision granting summary judgment.
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