Professional Negligence Law Reporter

Slusher v. City of Napa, No. 16CV001186 (Cal. Super. Ct. Napa Cnty. Dec. 7, 2018).

Kayleigh Slusher, 3, lived with her mother and her mother’s boyfriend. The child’s paternal grandmother reported to Napa County Child Welfare Services that she believed Slusher was being abused and denied food.

Additionally, during a three-week period, six calls were made to Napa police regarding problems at Slusher’s home. Nevertheless, police did not remove Slusher from the home, visit the child after each call, or generate a report. Slusher later died of blunt-force trauma, fractured ribs, and an abdominal infection. The mother and boyfriend were convicted of first-degree murder. Slusher’s father and her grandparents sued the county and city, alleging violation of the Child Abuse and Neglect Reporting Act, Cal. Penal Code §11164, which required the police and social workers to cross-report the complaints regarding Slusher. The plaintiff also alleged that the defendants failed to protect Slusher from abuse.

The parties settled for $5 million, which the defendants paid equally. The Napa Police Department also changed its policies and training regarding child abuse to a best practices model.

Plaintiff counsel: AAJ member Julia Sherwin and Michael Haddad, both of Oakland, Calif.