Father awarded $875,000 by jury for the September 2005 wrongful death of his daughter
PHOENIX, Ariz. - Jennings, Haug & Cunningham received a verdict in favor of its client John Gray against the State of Arizona's Department of Economic Security Child Protective Services for the wrongful death of his daughter Haley Gray who died in September 2005. The jury awarded John Gray $875,000 in wrongful death damages, for which the State was found fifty-one percent at fault, and Haley's mother, Celene Gray, 49% at fault.
In the case of John Gray v. Arizona State Department of Economic Security, Jennings, Haug & Cunningham attorneys Jorge Franco and Larry Crown represented the Plaintiff, and Assistant Attorney General Michael Gaughan, with outside counsel Daniel O'Connor, represented the State in the two-week trial. John Gray claimed that CPS Arizona was negligent in the case for not conducting a thorough investigation into the background of the girl's severely alcoholic mother despite his continued reports of the mother's ongoing drinking. The case revealed six prior complaints and investigations of Haley's mother by CPS Florida, the family's previous home state, for Celene Gray's neglect of her children due to her alcohol and drug abuse.
"Our effort here has been focused on the accountability that needs to be assigned to CPS, and expecting a level of competence in these critical, life-threatening situations by an entity that is charged with protecting the children," said Jorge Franco, John Gray's attorney with Jennings, Haug & Cunningham. "We would simply like to see CPS case workers take basic steps in their investigations to best ensure they are making the most informed decisions before they close a file, and risk other children's lives," he added.
The case stemmed from Arizona CPS handling of reports against Celene Gray. Beginning in September 2004, Celene Gray picked up her children from day care while intoxicated and caused an automobile accident. This event resulted in the first report to Arizona CPS, causing CPS to remove the children from their mother's care. In November 2004, when CPS was to return the children to their mother, Celene Gray showed up intoxicated, causing CPS to once again remove the children from their mother. The children were ultimately returned to their mother's care by CPS in February 2005, three months before completion of Celene Gray's CPS case plan involving rehabilitation and urinalysis testing.
A second Arizona CPS report against Celene Gray was made in August 2005. CPS unsubstantiated and closed that case by September 8, 2005 despite numerous calls to CPS reporting instances of relapse into severe alcohol and drug abuse by Celene Gray. Haley ultimately died from heat related injuries sustained on September 10, 2005 when she wandered out of Celene Gray's apartment and became stuck in her mother's car in the dangerous Arizona heat. Haley's activity was unnoticed by her mother, who was passed out from a late night of excessive drinking and drug abuse.
Haley's case became known for enacting Haley's Law, Senate Bill 1158 that requires CPS to investigate reports of a perpetrator's history with CPS agencies in other states. The two-week trial in Superior Court of Arizona concluded in early April 2009, nearly three and a half years after the little girl's death.
About Jennings, Haug & Cunningham, L.L.P.
Founded in 1937 in Arizona, Jennings, Haug & Cunningham is a litigation law firm with extensive trial, litigation management, dispute resolution and complex litigation experience. The firm's 25 attorneys focus their practice in areas of financial institution litigation, construction and contract litigation, personal injury, employment, and municipal risk litigation for businesses and individuals. For additional information, visit www.jhc-law.com.
