Case details

Police and social workers failed to recognize abuse: plaintiffs

SUMMARY

$5000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, head
FACTS
On Jan. 30, 2014, plaintiffs’ decedent Kayleigh Slusher, 3, was found deceased in her bed. Evidence suggested she had suffered severe physical abuse. In 2017, Kayleigh’s mother, Sara Krueger, and Krueger’s boyfriend, Ryan Warner, were convicted of first-degree murder in the torture and killing of Kayleigh. Kreuger and Warner were sentenced to life in prison without the possibility of parole. Kayleigh’s father, Jason Slusher, and Kayleigh’s grandparents, Robin Slusher and Benny Slusher, sued police officers Garrett Wade, Dominic Deguilio, Robert Chambers and Garrett Smith; the police chief, Richard Melton, and the officers’ employer, the city of Napa. Kayleigh’s family also sued two Napa County Child Welfare Services social workers, Nancy Lefler and Rocio Diaz-Lara, and the social workers’ employer, Napa County. The matter was filed in U.S. District Court, Northern District (docket no. 15-cv-02394), but Judge Saundra Brown Armstrong granted defense counsel’s motions, dismissing the federal claims. The plaintiffs subsequently filed an appeal. The state tort claims were then refiled in Napa County Superior Court, but Jason Slusher, acting individually and as his daughter’s successor in interest, was the only plaintiff who remained in the case. Plaintiffs’ counsel contended that the police officers and social workers violated the mandatory legal duty to cross-report the calls concerning Kayleigh, so that law enforcement, Child Welfare Services and the district attorney’s office would all be informed and investigate the situation. Counsel also contended that the city and its police personnel, as well as the county and its social workers, were negligent in their investigations of Krueger and Warner, as Kayleigh’s father and grandparents had contacted the police department for welfare checks on Kayleigh, as well as contacted the social workers about their concerns regarding Kayleigh’s safety and well-being. Counsel for the city defendants contended that the city patrol officers visited the subject apartment on two occasions and that Krueger and Warner actively concealed their abuse of Kayleigh from the officers. Counsel for the county defendants maintained that Child Welfare Services followed state law when responding to the complaint of abuse or neglect., The Napa County District Attorney reported that Kayleigh died from multiple blunt force trauma with impact to her head, torso and extremities. Kayleigh was born on May 3, 2010, and for more than a year, she and her mother lived with Jason Slusher’s parents, Robin and Benny Slusher. However, Krueger eventually moved to her own apartment and took Kayleigh with her. Although no longer living with her grandparents, Kayleigh saw them regularly and often had weekend sleepovers at their home. She was 3 years old at the time of her death. The plaintiffs sought recovery of wrongful death damages for the loss of Kayleigh.
COURT
Superior Court of Napa County, Napa, CA

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