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Torts
Sexual Molestation
Child Sex Abuse

M.S., a minor by and through her guardian ad litem Tammi Bryan v. Dana Steven McGowan, Terriann McGowan

Published: Dec. 20, 2024 | Result Date: Oct. 8, 2024 | Filing Date: Jul. 14, 2022 |

Case number: SCV-271174 Verdict –  $46,000,000

Judge

Patrick M. Broderick

Court

Sonoma County Superior Court


Attorneys

Plaintiff

Scott R. Montgomery
(Abbey, Weitzenberg, Warren & Emery PC)

Kaitlyn D. Wright
(Abbey, Weitzenberg, Warren & Emery PC)


Defendant

Todd A. Angstadt
(Phillips, Spallas & Angstadt LLP)

Andrea R. Murphy
(Phillips, Spallas & Angstadt LLP)


Experts

Plaintiff

Lynn E. Ponton M.D.
(child psychiatry)

Elizabeth Jeglic Ph.D.
(Child Psychology)

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Terriann Kuhlmann was negligent in failing to prevent sexual abuse committed by her husband, Dana McGowan, at the couple's shared home in Rohnert Park. Plaintiff contended that this negligence resulted in plaintiff suffering severe and permanent injuries due to sexual abuse in defendant's home. Plaintiff alleged that Kuhlmann failed to detect, protect, and prevent sexual abuse by McGowan.

DEFENDANT'S CONTENTIONS: Defendant Kuhlmann contended she was not negligent and, thus, not liable for the acts committed by ex-husband as they were not foreseeable to her and that she did not know, nor should she have known, of the abuse he committed.

Insurer

State Farm Insurance Company insured Defendant Terriann Kuhlmann

Specials in Evidence

Future Loe: $780,000 Future Meds: $262,000

Injuries

Physical and psychological injuries due to child sexual abuse.

Result

$46 million jury verdict. Defendant Dana McGowan pled, and was sentenced to life in prison for his crimes.

Other Information

Jurors found McGowan responsible for 60% of the harm done to the victim and Kuhlmann responsible for 40%.

Deliberation

two days

Length

20 days


#143982

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