The Washington Court of Appeals just confirmed a $98.5 million wrongful death settlement against the state human services agency regarding the gruesome murder of five and seven-year-old brothers.
In Minnesota, the 2021 Supreme Court Jepsen v. Pope County decision made it easier for surviving relatives to sue counties for negligence in children’s deaths. Yet there have been only two settlements in Minnesota– Kendrea Johnson ($1.5 million) and Arianna Hunziker ($1.3 million).
These comparatively smaller amounts still exceeded a Minnesota $500,000 tort cap (liability limit) because they were coupled with strong federal cases. This isn’t usually possible, which explains why these cases don’t involve larger settlements. Also, relatives may not know legal action is possible, and ethical lawyers don’t solicit these cases.
We hope to motivate counties to pay more attention to child safety by making this legal option better known.
Jeff Montpetit is a partner at SiebenCarey law firm. Their website is knowyourrights.com. Jeff is one of the few lawyers in Minnesota who has successfully won cases against counties for negligence related to child fatalities. In this week’s podcast Jeff explains the Minnesota and federal laws that govern such actions and the legal challenges that must be addressed to succeed. Listen to the podcast here or wherever you hear your favorite shows.