Parents kill child, sue Philadelphia for allowing them to kill her! (lawyer, estate)

[TracySam]

This is disgusting.

These parents have been charged with murdering their handicapped daughter (starved her to death, left her lying in her own excrement, with maggots feeding on her bedsores).

Apparently the family was being montiored by DHS (Philly's child protective services), and they certainly dropped the ball, by not visiting her enough (or at all?) Phila DHS, PA DPW, and the social workers have also been charged in the girl's death.

But today the big news came out that the parents are now suing Philadelphia and the State for the wrongful death of their daughter! I guess they are saying "Sure we killed her, but you guys were supposed to be keeping an eye on us, and should have prevented us from killing her."

Even Mayor Nutter said today that this is "disgusting." This is one of the rare times I agree with him.

Danieal Kelly's parents, charged in her death, are suing for damages | Philadelphia Daily News | 08/12/2008

[juniperbleu]

The sad part is, I'm hardly surprised.

[Vagabond]

Shippem to Iraq, and let Al qaeda use em for target practice...

[BPP1999]

In this screwed up country, watch them win this lawsuit.

[TracySam]

It's like you could go out and commit random crimes, then sue the police for not stopping you.

[newmarlig]

this is why people hate lawyers.

[johnrex62]

The case workers being sued by the estate of the child are private sector workers and not covered by the government shield normal child welfare case workers might enjoy. They are much more liable for their actions than a city worker would be.

If this were a case of an institutionlized patient who died from similar treatment as the parents provided, these case workers would almost certainly lose any similar lawsuit from the parents or the child's estate.

The fact that the parents committed the actual mistreatment does not change the fact that the social workers were extremely negligent in their duties and are a major contribution cause of death, likely to the point of being convicted criminally along with the parents.

Aside from the moral issue of the family profitting by the girl's death, there does not seem to be any other issue that would protect the case workers from this suit. Since it is the estate and not the parents bringing the lawsuit, it will likely prevail. When (not if in my mind) the parents are convicted, they will lose any claim to the estate assets, but the child's siblings will retain their rights to any monies. The scary part is that the parents, even as convicted felons, will probably still exercise control over the monies until the siblings turn 18 or 21 depending on the state laws governing legal maturity, unless the state terminates parental rights and takes custody of the other kids.

There is nothing good at all about this case.

[Bwads31]

I agree that the caseworkers did not do their job but whatever happened to personal responsability in this country? Is no one at fault for thier own actions? As far as I'm concerned the parents should go to jail for the rest of their lives.
Also Nutter is SO much better of a mayor than Street not sure why someone said they haven't agreed with him much.......

[TracySam]

Hehehe, it was me. Yes, he's tons better than Street, but that's not hard to achieve. My cat would have been way better than Street.

Nutter still needs to convince me that he's not a pawn of the unions, and that he believes fighting crime is more than a campaign promise. And that he wants to promote business and not kill it. Plus there's that 20% sales tax on parking in the city, which causes suburbanites like me to decide a night out in Philly isn't worth it. But he's still new.

But definitely way better than that idiot Street.

I absolutely applaude his comments about these parents though.

[Sunil's Dad]

What could Nutter do more to fight crime?