A $250,000 judgment awarded to a woman in a wrongful death lawsuit relating to her baby’s death at a Topeka, Kansas daycare is being hailed for delivering a measure of justice that the criminal justice system failed to provide. The suit may also bring pressure for criminal charges to be brought in connection with the tragic case.
In 2013, Misty Durham brought her infant son, Caleb Stewart, to his daycare center, operated by Tara Johnson. According to a possibly incomplete police report, Johnson left the center after laying Caleb on a deeply-cushioned surface, rather than a crib. Her friend, Destiny McClusky, was placed in charge. At some point, McClusky realized Caleb wasn’t breathing, and contacted Johnson. Johnson returned with her boyfriend Russell Morris, called 911 and attempted CPR, according to the report. Caleb could not be revived, and was pronounced dead at Stormont Vail Hospital.
Johnson, McClusky, and Morris were named in the wrongful death lawsuit, and the Shawnee County District Court awarded Durham $250,000 — the maximum amount allowed. All three of the named defendants are ordered to pay Durham this amount.
Caleb’s mother has said that the lawsuit was her last resort in a frustrating process that resulted in no criminal charges brought against the three individuals. She alleges that the investigating officer, detective Erin Thompson of the Shawnee County Sheriff’s Office, failed to competently investigate the case. Even more troubling — Thompson may have actually falsified information in her incident report.
The Kansas Bureau of Investigation is currently looking into incidents in which Thompson may have falsified affidavits and mishandled investigations. Durham believes the investigation into Caleb’s death is one of those cases.
In cases such as these, a civil suit brings the only measure of justice currently available to Misty Durham. It is hoped that the police investigation may one day be re-opened and result in criminal charges — largely as a result of Durham’s successful civil suit. For now, Durham can find some measure of peace knowing that the day care operator and her friends have been found responsible for Caleb’s death in the civil court system.
in response to the investigations.
The suit alleges that the paper has both an ideal customer and an ideal client in mind. They assert that the ideal New York Times customer is someone who is younger, at the top end of the pay scale and white. They further allege that the paper also has an ideal employee in mind and this employee is also young, white and in the top percentiles for income. The lawsuit asserts that Times editors do not wish to hire people who do not fit this image. Plaintiffs suggest that those with families who do not meet these criteria have been denied promotional opportunities. They also assert that any company commitment to hiring people of diverse backgrounds has been actively subverted by those in positions of power here.
Allstate’s move is an answer to a Supreme Court case known as Campbell-Ewald v. Gomez, where it was decided that a defendant cannot simply pay off named plaintiffs to avoid a class action lawsuit. There was however a gray area open where it was possible for a defendant to place the monetary settlement in an escrow fund for the named plaintiffs and then enter their own judgment so as to try and avoid the class action portion, and this is what Allstate was attempting to use.
“They were like we don’t know what you’re talking about, we didn’t find any bed bugs, everything is fine,” said McFarland. She claims that the mental and physical trauma, including an allergic reaction to the bites, convinced her to file suit. The alleged callous attitude of the hotel management was another factor. “Other people have probably complained and they didn’t do anything about it,” she said.
In the lawsuit filed in federal court, Linda Anne Bond claims both parties sued are guilty of “deliberately indifferent treatment of a prisoner” and negligence. According to Betty Bernt, a representative of the Oregon Department of Corrections, the department is unable to make any comments on the pending litigation.
Haynes-Bordas did keep in contact with her employers throughout her recovery, and tried to make arrangements for how she would manage to return to work. She had asked for a modified bathroom to make it easier for her to maneuver with her wheelchair, and states she was told by the building manager that it would be an easy fix. She believes this request may have caused her termination. Haynes had been teaching low-income families in the area how best to handle their money, and had been on an award-winning team recognized for their effectiveness in helping develop community skills.
The suit, which names ABC, New York-Presbyterian Hospital, and doctor Sebastian Schubl, alleged intentional infliction of emotional distress and invasion of privacy for the 2011 recording and 2012 airing of Mark Chanko’s death for the ABC television show “NY Med.” Although Chanko’s face was blurred out and his name never mentioned, his widow alleged intense emotional pain as a result of accidentally seeing the broadcast. Moreover, neither ABC nor the hospital ever received permission from the dying man to record or broadcast his death.
Walk Apartments in New Castle. Company spokespersons were unavailable for comment.