Defendants in Carl DeBrodie lawsuit file for dismissal

9 months 2 weeks 1 day ago Tuesday, April 03 2018 Apr 3, 2018 Tuesday, April 03, 2018 7:00:00 PM CDT April 03, 2018 in Top Stories
By: Kyreon Lee, KOMU 8 Reporter
loading

JEFFERSON CITY - It has been nearly a year since police found the decomposed body of Carl DeBrodie wrapped in plastic and encased in concrete in a Fulton storage unit.

DeBrodie's mother Carolyn Summers is suing 23 people in a wrongful death lawsuit. Of those, nearly a dozen filed two separate motions on March 30 to dismiss the case, according to court records. 

Summers' attorney, Rudolph Veit said the next steps is narrowing down who is responsible.

"Our job is to try to find out what happened,  hold those responsible and use this as evidence to their superiors, that they need to watch over their employees better to make sure that the state employees who are being paid for and set in places to protect these type of people, do their job," he said.

Those who filed denying liability include the following state agencies and their leaders:

  • The state of Missouri; the Missouri Department of Mental Health
  • The Missouri Department of Mental Health and its director, Mark Stringer
  • The Division of Developmental Disabilities
  • The Missouri Department of Mental Health, Division of Developmental Disabilities, Community Operations and its director, Wendy Witcig
  • The Missouri Department of Mental Health and its director, Valerie Huhn
  • The department's Division of Disabilities, Central Region and its assistant director, Marcy Volner
  • The Division of Disabilities' Central Missouri Regional Office and its director, Wendy Davis. 

Missouri Attorney General Josh Hawley said the suit notes DeBrodie died of an unknown cause, which is "at least as likely to be the result of natural causes or intentional conduct" as the result of negligence.

Without knowing the cause of death, he said, the plaintiffs don't have enough facts to conclude the state defendants are a "proximate cause of death." 

A motion filed by attorneys Ross Bridges and Sarah Crawford on behalf of Callaway County and Public Administrator Karen Digh Allen raises the same issue.

"Most importantly, Plaintiffs do not know how or why Carl died, when he died, how he died, or who was responsible for his death or the disposal of his remains," the motion said. "Without that knowledge, Plaintiffs cannot arbitrarily reach the conclusion that Defendants Allen, Callaway County, and the Public Administrator are liable."

Veit said DeBrodie was not cared for responsibly. 

"We believe there were certain actions that should've been taken before his death. We believe from what we've heard and from other individuals that he was grossly mistreated while in their car," he said.

DeBrodie, who was developmentally disabled, lived at a supported living facility managed at that time by Second Chance Homes of Fulton.

The Hawley motion said since DeBrodie was under the care of Second Chance Homes, a private company, the state defendants cannot be held responsible for occurrences there. The motion said state agencies and state agency defendants have "sovereign immunity" from state law claims.

Second Chance Homes has until April 6 to respond to the case.

More News

Grid
List
COLUMBIA - An individual has been pronounced dead after a house fire Thursday night at 1203 Lakeview Avenue. Firefighters... More >>
4 hours ago Friday, January 18 2019 Jan 18, 2019 Friday, January 18, 2019 3:16:00 AM CST January 18, 2019 in Top Stories
COLUMBIA - The Columbia Public Works department is preparing for the winter storm that is set to hit this weekend.... More >>
9 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 10:01:00 PM CST January 17, 2019 in News
ST. LOUIS (AP) — A man has been charged with child endangerment after his 14-month-old son arrived unresponsive at a... More >>
13 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 6:04:00 PM CST January 17, 2019 in News
COLUMBIA - The Route AC (Grindstone Parkway) bridge of U.S. Highway 63 will close for 60 days this summer. MoDOT... More >>
13 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 5:34:00 PM CST January 17, 2019 in News
(CNN) -- The State Department is ordering its staff back to work next week, pledging that it will find the... More >>
14 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 5:12:00 PM CST January 17, 2019 in News
COLUMBIA – The Columbia Police Department acknowledged Thursday that the homicide may be connected to an early morning homicide in... More >>
14 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 5:01:00 PM CST January 17, 2019 in News
ST. LOUIS (AP) — A St. Louis newscaster has apologized for what he called an unintentional racial slur while referencing... More >>
15 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 3:30:00 PM CST January 17, 2019 in News
KANSAS CITY, Mo. (AP) — A 25-year-old Kansas City man is charged with murder in the shooting death of a... More >>
16 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 3:11:00 PM CST January 17, 2019 in News
JEFFERSON CITY - Gov. Mike Parson on Thursday announced the restructuring of state agencies in his quest to highlight economic... More >>
17 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 1:58:00 PM CST January 17, 2019 in News
JEFFERSON CITY – Domestic violence shelters in mid-Missouri could stop receiving federal funds starting Friday at 6 a.m. due to... More >>
17 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 1:30:00 PM CST January 17, 2019 in News
JEFFERSON CITY (AP) — A Missouri appeals court says a lower court judge was wrong to order a woman to... More >>
18 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 12:34:00 PM CST January 17, 2019 in News
KANSAS CITY (AP) — A Kansas City couple claims in a federal lawsuit that state requirements for foster parents who... More >>
19 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 12:12:00 PM CST January 17, 2019 in News
JEFFERSON CITY – There are 28 more deer from 11 Missouri counties that have chronic wasting disease (CWD), according to... More >>
20 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 10:45:00 AM CST January 17, 2019 in News
ST. LOUIS (AP) — Sen. Josh Hawley plans to move his family to a suburb of Washington D.C., but will... More >>
21 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 10:04:00 AM CST January 17, 2019 in News
COLUMBIA – As the partial government shutdown continues in Washington, Heart of Missouri United Way is stepping up to help... More >>
22 hours ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 9:12:00 AM CST January 17, 2019 in News
COLUMBIA -- Police confirmed one man was shot and killed early Thursday morning. In a press release, CPD said... More >>
1 day ago Thursday, January 17 2019 Jan 17, 2019 Thursday, January 17, 2019 6:21:00 AM CST January 17, 2019 in News
JEFFERSON CITY, Mo. (AP) — The Latest on Missouri Gov. Mike Parson's budget and State of the State address Wednesday... More >>
1 day ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 9:55:00 PM CST January 16, 2019 in News
JEFFERSON CITY, Mo. (AP) — Missouri Gov. Mike Parson is proposing a $351 million bond to repair or replace 250... More >>
1 day ago Wednesday, January 16 2019 Jan 16, 2019 Wednesday, January 16, 2019 9:29:00 PM CST January 16, 2019 in News
Columbia, MO
Broken Clouds 33°
8am 30°
9am 30°
10am 32°
11am 33°