Joseph Bootka - Vernis & Bowling

Joseph Bootka, Esq.
Attorney
Vernis & Bowling of Southwest Florida, P.A. 2369 West First Street Fort Myers, FL 33901
Phone: (239) 334-3035
Email: JBootka@Florida-Law.com
Fax: (239) 334-7702
Website: www.national-law.com
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Verdicts and Dispositions

Kacey Chiddister vs. Florida Department of Children and Families
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.
Florida Department of Children and Families v. Kacey Chiddister, as father and natural guardian of C.H.
William Kratochvil and Joseph Bootka (Fort Myers, Florida) (Governmental Law) obtained Final Summary Judgment for Defendant Florida Department of Children and Families, an agency of the State of Florida, against Plaintiff Kacey Chiddister, as father and natural guardian of C.H., a minor, in the Twentieth Judicial Circuit in Lee County Florida before Judge Joseph C. Fuller.

The cause of action arose from an incident that occurred over one year and one month after C.H. was born, when C.H. ingested his mother’s, A.H., legal prescription of methadone. C.H. ingesting the methadone resulted in C.H. overdosing and being placed in a medically induced coma. After awaking from the medically induced coma C.H. had difficulties seeing, breathing, and with mobility. Additionally, C.H. suffered severe cognitive injuries. Plaintiff then filed a suit against the Florida Department of Children and Families. Plaintiff alleged that the Florida Department of Children and Families had a non-delegable duty to prevent C.H. from suffering any injuries because the Florida Department of Children and Families were conducting home visits due to A.H. being in the middle of the adoption process of a minor who was in the dependency system. Plaintiff furthered alleged that the Florida Department of Children and Families put C.H. in a foreseeable zone of risk because the Florida Department of Children and Families did not remove C.H. from A.H.’s care when C.H. was born addicted to methadone and opiates. Additionally, Plaintiff alleged that the Florida Department of Children and Families put C.H. in a foreseeable zone of risk because A.H. was diagnosed with bipolar disorder and anxiety disorder; had a criminal history, including charges for fraud and using a false identification; had a substance abuse history including but not limited to, cocaine, pain pills, Xanax, and heroin; and was currently receiving methadone treatment from Operation PAR, Inc.

Pursuant to Florida Statute § 39.302(1) “[t]he department [of Children and Families] shall conduct a child protective investigation of each report of institutional child abuse, abandonment, or neglect. Discovery revealed that the Florida Department of Children and Families thoroughly investigated every abuse report received regarding C.H. and the other minor child A.H. was adopting. After the investigations there was never any findings of abuse or findings that A.H. was abusing illicit drugs or her legal prescription of methadone.

After nonbinding arbitration Plaintiff was awarded $25,000,000.00 in damages. Shortly thereafter, Vernis & Bowling filed a trial de novo order and set a hearing for their Motion for Summary Judgment.

At the hearing, defense counsel argued and Judge Joseph C. Fuller agreed that the Florida Department of Children and Families does not have the same duty of care towards biological children who are not in the dependency system as they do towards foster children; that the Florida Department of Children and Families only duty was to investigate abuse allegations; that the Florida Department of Children and Families did not have a duty of care towards C.H. because the Florida Department of Children and Families did not put C.H. in a foreseeable zone of risk; that there was no proximate cause between the Florida Department of Children and Families actions and C.H.’s injuries; and that the Florida Department of Children and Families did not have probable cause to remove C.H. from his biological mother, A.H., until C.H. overdosed on his mother’s legal prescription of methadone.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Civil Litigation
First and Third Party Property and Casualty Claims
Liability Defense
PIP/Personal Injury Protection Litigation
Premises Liability

Bar & Court Admission

Florida Bar
United States District Court for the Middle District of Florida

Education

Graduate:
Ave Maria School of Law, Juris Doctor
Undergraduate:
Aquinas College, Bachelor of Arts, Majoring in Political Science with a Minor in Legal Studies

Joseph D. Bootka was born and raised in Detroit, Michigan. He graduated from Aquinas College with a Bachelor of Arts, Majoring in Political Science with a Minor in Legal Studies. After college, Joseph attended Ave Maria School of Law where he earned his Juris Doctor.

Joseph was admitted to the Florida Bar and immediately joined the Vernis & Bowling Team to focus his civil trial practice in all areas of automobile negligence, premises liability, civil rights litigation, first/third party claims and liability defense.

Joseph is a member of the Florida Bar and is also admitted in the United States District Court for the Middle District of Florida.

When not working, Joseph enjoys all aspects of outdoor life with his beautiful wife to include camping, hiking, boating, and lounging at the beach.

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