William Kratochvil and Joseph Bootka (Ft. Myers, FL) (Negligence/Appeal) prevailed at the Sixth District Court of Appeals, affirming the granting of the Final Summary Judgment for the Defendant Florida Department of Children and Families (DCF).
The case focused on a negligence cause of action against DCF with a non-relative caregiver who had a previous criminal history, diagnoses of bi-polar disorder and anxiety, and an extensive history of substance abuse of heroin, cocaine, and opiates. The non-relative caregiver, while under the supervision and non-delegable duty of DCF, had a legal prescription of methadone from a treatment clinic, Operation PAR. The non-relative caregiver then gives birth to a biological child who is born addicted to methadone, automatically triggering a mandatory reporting by the hospital. The biological child is returned to the mother after a DCF investigation with low risk assessed, who is still a non-relative caregiver of the child under the supervision of DCF. At all times the non-relative caregiver (and mother) passed all random drug tests, showing only the legally prescribed methadone, while having DCF and its contracted agencies continue with announced and unannounced visits in her home.
Thirteen months later, the biological toddler drinks a near fatal dose of methadone the mother left unattended briefly, suffering catastrophic damages. The children are removed by DCF, and the mother is sentenced to four years in prison.
The case was hotly contested on various issues, including proximate cause and the rights of a parent to raise their biological children, with Plaintiff assembling a team of liability and catastrophic damage experts. The court ordered Non-Binding Arbitration award was for $25 million against DCF. A Trial De Novo was filed by DCF, while the well-connected Plaintiff’s law firm pushed a $20 million claims bill through the Florida Legislature, supported by several members.
DCF’s Final Motion for Summary Judgment was heard by Judge Fuller and was granted on multiple issues, including lack of foreseeability, compliance with statutory guidelines, and proximate cause. The ruling was appealed to the Sixth DCA Court of Appeals.
Oral Argument was held on March 12, 2024, at Barry Law School in front of the law school students. The judicial panel consisted of Presiding Judge Mary Nardella, Judge Joshua Mize, and Judge Paetra Brownlee. On March 19, 2024, the Sixth DCA Court of Appeals per curium affirmed the granting of the Final Summary Judgment in favor of DCF in Lee County, Florida. The $20 million claims bill was abandoned.