Facts

L.R., as parent guardian ad litem for minor N.R., filed suit against the County of San Bernardino Children and Family Services and the County of San Bernardino in relation to social worker Karen Perry's investigation of reports that the minor plaintiff was being abused by his father's girlfriend, Hannah Thompson, in October 2013.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Perry investigated reports that Thompson was abusing minor plaintiff in October 2013, and Perry determined Thompson had mental health problems that necessitated assistance. Plaintiff alleged Perry referred the family to Child Welfare Services, and in May 2014, Thompson severely beat minor plaintiff, causing injuries to his head, face, and body.

Plaintiff asserted that Perry was negligent in the performance of her duties as required by her profession, and that Children and Family Services and the county were liable for Perry's negligence. Plaintiff alleged Perry identified minor plaintiff as at-risk for injury, but did not take sufficient action to aid him. Plaintiff argued Perry, given her findings, was required to open a case plan and refer the matter to Child Welfare Services, but she instead closed the file, failing to perform a mandatory duty.

DEFENDANTS' CONTENTIONS: Defendants contended that Perry did not find any risk of abuse and there was no mandatory duty to open a case plan when no risk of abuse is found. Defendants contended all mandatory duties were followed, and Children and Family Services was immune from liability. Additionally, defendants argued that minor plaintiff's injuries were not caused by the county, but instead were only caused by Thompson and minor plaintiff's father.

Settlement Discussions

Plaintiff made a demand for $12.5 million. Defendant made an offer for $2.5 million.

Damages

Plaintiff sought recovery for minor plaintiff's past and future medical expenses, minor plaintiff's future loss of earning capacity, and his non-economic damages for past and future pain and suffering.

Injuries

The minor plaintiff suffered blunt force trauma to the head, face, and body. Specifically, he suffered an ocular nerve injury and permanent brain damage. The minor plaintiff remained comatose for nearly 5 months, and suffered from permanent severe cognitive dysfunction, spastic quadriplegia, and bowel dysfunction.

Result

The jury apportioned 85 percent liability to the County of San Bernardino Children and Family Services, 10 percent liability to minor plaintiff's father, and 5 percent liability to Thompson. The jury found minor plaintiff's damages totaled approximately $113.4 million. This sum consisted of $602,626 in past medical costs, $9.9 million in future medical costs, $2.9 million in future loss of earning capacity, $15 million in past non-economic damages, and $85 million in future non-economic damages.

Other Information

On October 30, Judge Bryan Foster granted a motion for judgment notwithstanding the verdict, deciding there was "full compliance with all mandatory duties required by the County," and thus that "there was no substantial evidence to support the jury's finding of violation of the mandatory duties alleged."

Deliberation

1.5 days

Poll

11-1 (violation of mandatory duty and substantial factor); 9-3 (comparative liability and damages)

Length

14 days