Burns White attorneys Mark Hartig and Albert Rodriguez secured a final dismissal with prejudice on behalf of our client non-profit child welfare agency accused of negligence resulting in child abuse. The claimants filed suit alleging that our client was negligent and grossly negligent in failing to protect a minor from abuse during prior dependency and family-court proceedings. The complaint claimed the defendants ignored warning signs, mishandled supervision decisions, and failed to intervene despite repeated reports of harm. Plaintiffs demanded $50 million dollars in damages.
While maintaining that our clients did not commit any negligence at all, we filed a motion to dismiss arguing that the claims were legally barred on the face of the complaint. We asserted that the plaintiff’s own allegations established that the last alleged injury occurred more than four years before the lawsuit was filed, making all negligence-based claims untimely under Florida’s statute of limitations. Defendants also argued the complaint improperly lumped multiple entities together, failed to plead ultimate facts, and sought punitive damages without a legal basis.
After hearings and full briefing, the Court agreed with the defendants and entered a final dismissal with prejudice, finding the claims were time-barred and that no amendment could cure the statute-of-limitations defect. The Court concluded further litigation would be futile and dismissed the defendants from the case in full.