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
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
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