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Motion to dismiss filed in Carl DeBrodie wrongful death lawsuit

Motion to dismiss filed in Carl DeBrodie wrongful death lawsuit

CALLAWAY COUNTY, Mo. - A motion to dismiss was filed on Friday in the Carl DeBrodie wrongful death lawsuit. 

ABC 17 previously reported that a wrongful death lawsuit was filed in January. The lawsuit was filed against 23 defendants, including Second Chance Homes, its operator Rachael Rowden and the Missouri Department of Mental Health.

The lawsuit claims those involved in DeBrodie's care failed to provide for his safety and attempted to cover up the circumstances of his death. The claims include wrongful death, negligence, civil rights violations and civil conspiracy.

The defendants are now asking the court to drop the lawsuit because it contains irrelevant, immaterial and scandalous allegations that do not serve the causes of action.  

The defendants' lawyers also state that the complaint failed to state a claim upon which relief may be granted.

Ross Bridges and Sarah Crawford, attorneys for Callaway County and Public Administrator Karen Digh Allen, said the lawsuit was too broad and vague for a judge to give Summers any relief.

"Most importantly, Plaintiffs do not know how or why Carl died, when he died...or who was responsible for his death or the disposal of his remains," the motion said.

The Department of Mental Health, represented by the Missouri Attorney General's Office, said that the lawsuit did not show how the department and its employees directly contributed to Debrodie's death. The department mandated that Callaway County Special Services conduct monthly in-person visits with Debrodie. Those visits did not happen, and the caseworker assigned to Second Chance Homes of Fulton, where Debrodie stayed, was fired a month after Debrodie was found dead.

Attorneys for the Department of Mental Health said that it could not be held responsible for what happened at Second Chance Homes, since it is a private business.

 


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