Mother Settles Wrongful Death Lawsuit with Foster Agency
Posted by
Christina ColeFebruary 28, 2007 1:29 AMA woman has settled a multimillion dollar wrongful death lawsuit against the foster care agency that placed her son with a couple that is now convicted of murder for their roles in the 3-year-old's death.
The woman waived her rights to any payments in a $206,000 settlement that will be split between the boy's brother and sister, according to an agreement that was approved by a Butler County Judge on Tuesday.
The three children were removed from their home in April after allegations of neglect. The boy was placed with a couple through Lifeway for Youth, a private foster care.
The developmentally disabled boy was left bound in a closet for over two days while his foster parents went to Kentucky in August for a family reunion. He was dead upon them returning home to Ohio.
David Carroll Jr., 29, was sentenced Tuesday to 15 years to life in prison on his guilty plea to murder, with an additional year in prison for his guilty plea to gross abuse of a corpse.His wife, Liz Carroll, 30, denied any role in the boy's death, but was convicted last week of murder and six other charges and sentenced to 54 years to life in prison.
The mother had filed a $5 million lawsuit last year against Lifeway for Youth and many other county agencies, which were dismissed from the case. The suit alleged the defendants were negligent in failing to adequately supervise the placement and treatment of the boy.
The settled suit with Lifeway will establish a trust to administer payments, with court approval, to the other two children.
Rogers said that by law, only a parent can receive payment in a wrongful death suit, unless the parent waives that right as Trevino did. "You realize you receive nothing," Rogers said to Trevino."I don't understand why. But I really want this for my kids," said Trevino, who is trying to regain custody of the two children in Butler County Juvenile Court. The children remain in foster care.