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toddler wrongful death case appeal

Michigan Appeals Court Upholds Decision in Toddler Wrongful Death Case

By Lipton Law on July 12, 2012 - No comments

According to a MonroeNews.com report, the Michigan Court of Appeals has upheld the decision made in a wrongful death case involving a toddler. In 2006, a 17-month-old girl was tragically beaten to death and a Monroe woman, reportedly the girlfriend of the young child’s father at the time, was convicted of the toddler’s murder and sentenced to life in prison. In the years following the child’s death, the mother filed a wrongful death lawsuit against the Monroe County Child Protective Services claiming the agency did not do enough to protect the toddler from the woman convicted of the murder.

The final decision in the MI wrongful death case was that the government agency is immune from being sued as the court determined that, although the agency’s conduct “rose to the level of gross negligence,” it was not the direct cause of the child’s death. The case was appealed, but the Michigan Court of Appeals supported the original decision of the court in a ruling made in June. The appellate court ruling states that the parents of the young girl could have done more to keep the toddler away from the woman, particularly considering there were two previous incidents of assault that were documented.

Following the trial, the woman convicted of first-degree murder for the death of the toddler was sentenced to life in prison without the possibility of parole. Now 33-years-old, the woman remains imprisoned at the Ypsilanti’s Huron Valley Correctional Facility. In addition to supporting the original ruling of the court, the Court of Appeals also ruled that no costs are to be awarded to either party in the case.

The sudden loss of a loved one, especially a young child, can be incredibly devastating for a family, who will likely be left with more questions than answers regarding the fatal incident. If you feel the death of your loved one was caused by the negligence of another party, the Southfield wrongful death attorneys at Lipton Law can help you determine what happened and hold negligent parties responsible. To see how we can assist you during this difficult time, please call (248) 557-1688 for a complimentary consultation.