Judges deny appeal in DeBrodie case
Three judges in the Missouri Court of Appeals Western District denied an appeal by two former guardians of a Fulton man who was found dead in 2017.
Bryan and Mary Martin filed the request after a Callaway County judge rejected their wrongful death lawsuit. The Martins argued the court made a mistake when it dismissed their case. However, the appeals court decided to uphold the lower court’s decision on Tuesday.
The judges ruled that the Martins did not qualify as parties that can bring wrongful death lawsuits under Missouri law. The statute calls for three different groups, or classes, of people allowed.
The Martins claimed they were Debrodie’s parents by way of “equitable adoption,” a doctrine used for children without a legal parent or guardian but have close ties to a parental figure. The appeals court ruled that the doctrine is reserved for the benefit of children, and has not yet been used for parents seeking a legal claim following a child’s death.
“We also do not doubt that the Martins sincerely grieve the loss of DeBrodie,” the judges wrote. “Missouri’s wrongful death statute does not, however, encompass all parties who grieve the loss of an individual. The statute only confers on certain parties the authority to bring and recover damages from a wrongful death suit and sound precedent holds that equitable adoptive parents are not parties given the authority to sue for damages [under the wrongful death statute].”
DeBrodie’s mother, Carolyn Summers, sued Callaway County Special Services, the county’s public administrator and Second Chance Homes of Fulton following the discovery of DeBrodie’s body in a storage unit. Police believe DeBrodie had been dead for some time before finding him in April 2017. Five of his caretakers at Second Chance Homes were charged for disposing of his body and lying to police about it. Two of them pleaded guilty to their charges and are out of jail. The other three people still face a trial.
A settlement was made in December in the wrongful death case filed by Summers.
The settlement agreement said the defendants involved “purchased a structured settlement annuity” for Summers. The agreement did not disclose how much money was involved, but noted the defendants’ insurance companies will pay for it.
The appeals court dismissed the claim the Martins brought against Second Chance Homes because the federal settlement released them from any liability in Debrodie’s death.
Sign up for email news alerts by clicking here
