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Torts
Negligence
Child Abuse and Reporting Act

Gail C., a Minor, by and through her Guardian ad Litem, Marla C. Mahoney v. County of Riverside, Nikisha Brown, Tiffani Davis, Irene Molina, Roseann Muro, Brietta Looney, and Does 1 through 50, Inclusive

Published: Nov. 22, 2019 | Result Date: Mar. 19, 2019 | Filing Date: Mar. 7, 2018 |

Case number: RIC1804569 Settlement –  $1,375,000

Mediator

Jay C. Horton

Court

Riverside County Superior Court


Attorneys

Plaintiff

Roger E. Booth
(Booth Law)

Carly L. Sanchez
(Booth Law)


Defendant

Douglas C. Smith
(Smith Law Offices LLP)


Facts

Gail C., a minor, filed a lawsuit against the County of Riverside, and social workers, Nikisha Brown, Tiffani Davis, Irene Molina, Roseann Muro, and Brietta Looney in relation to emergency response referrals alleging that two-year-old plaintiff Gail C. was being abused and/or neglected in her mother's care.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the County of Riverside had received emergency referrals alleging that she was being abused and/or neglected by her mother, who had a history of mental health disorders. Plaintiff contended that defendant social workers were informed that her mother had stopped taking her medications when she found out she was pregnant, was not taking prenatal vitamins and planned to deliver her baby at home.
Plaintiff contended that on April 21, 2016, a police officer discovered her laying on a mattress in her home, hugging a deceased infant.
Plaintiff contended that her mother forced her to hug her deceased sibling for a three week period.
Plaintiff contended that the County of Riverside breached the Child Abuse and Reporting Act and various other mandatory duties relating to children who are receiving child welfare services by, among other things, failing to contact law enforcement every single time they had a reasonable suspicion of Gail being abused and/or neglected. Plaintiff argued that had the County of Riverside reported the suspected child abuse and neglect to law enforcement agencies, such agencies would have acted to remove Gail from her mother's home before her mother gave birth to the deceased infant.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Damages

Gail's medical bills arising out of these events totaled approximately $2,800.

Result

The case settled for $1,375,000.


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