Wife of child abuser must pay $46M to victim, jury decides

A Santa Rosa jury awarded $46 million to a minor plaintiff in a child sexual abuse case that notably found the perpetrator's wife liable for negligence.

The civil suit, heard in Sonoma County Superior Court, involved the abuse of a minor identified as M.S. The jury determined that Terriann Kuhlmann, wife of convicted sex offender Dana McGowan, was negligent in failing to prevent the abuse of the child victim M.S. v. Dana Steven McGowan et al., Scv-271174 (Sonoma Super. Ct., filed July 14, 2022).

Scott R. Montgomery of Abbey, Weitzenberg, Warren & Emery P.C. in Santa Rosa, represented the plaintiff. "I've tried a number of abuse cases," Montgomery said. "For the jury to hear the evidence that loudly and to render that sort of verdict just made me, honestly, proud."

According to Montgomery, the abuse occurred over several years at the couple's Rohnert Park home. While McGowan had already been sentenced to serve 45-years-to-life in state prison on a criminal conviction in the matter, this civil case uniquely focused on his wife's alleged failure to protect the minor.

Montgomery described the McGowans as appearing to be typical neighborhood grandparents.

"We alleged that the abuser's wife, Terriann Kuhlmann, was negligent in failing to protect the children. She ignored red flags. She ignored her husband's predatory behavior towards the three victims prior to our client over a 10-year period," Montgomery explained. He noted that this type of negligence claim is a recognized area of tort law and is typically covered by homeowner's insurance.

The $46 million award includes $20 million for past non-economic damages, $25 million for future non-economic damages, $262,000 for future medical expenses, and $780,000 for future lost earning capacity. The jury concluded that Dana McGowan was 60% responsible and his wife was 40% responsible for the harm committed against M.S.

The McGowan's attorney, Todd A. Angstadt of Phillips, Spallas & Angstadt LLP, did not respond to requests for comment.