Minor sex-abuse victim claims negligence by wife of perpetrator. State Farm policy opened up, says plaintiff. $46M.

Summary

Man is convicted of sex abuse; plaintiff claims his now ex-wife should have known about and stopped the abuse.

The Case

Case Name: M.S., a minor by and through her guardian ad litem T.B. v. Dana Steven McGowan, Terriann McGowan
Court and Case Number: Sonoma County Superior Court / SCV-271174
Date of Verdict or Judgment: Tuesday, October 08, 2024
Date Action was Filed: Thursday, July 14, 2022
Type of Case: Negligence, Sexual Abuse
Judge or Arbitrator(s): Hon. Patrick M. Broderick
Plaintiffs:
M.S., a minor by and through her guardian ad litem T.B.
Defendants:
Dana Steven McGowan
Terriann McGowan (Kuhlmann)
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $46,000,000
Contributory/Comparative Negligence: 60% to Dana McGowan; 40% to Terriann McGowan
Economic Damages:
Future lost earnings: $780,000

Future medical costs: $262,000
Non-Economic Damages:
Past: $20,000,000

Future: $25,000,000
Trial or Arbitration Time: 20 days
Jury Deliberation Time: 2 days

The Attorneys

Attorney for the Plaintiff:
Abbey, Weitzenberg, Warren & Emery PC by Scott R. Montgomery and Kaitlyn D. Wright, Santa Rosa.
Attorney for the Defendant:
Phillips Angstadt & Spallas, LLP by Todd Angstadt and Andrea Murphy, San Francisco.

The Experts

Plaintiff’s Medical Expert(s):
Lynn Ponton, M.D., child psychiatry.

Elizabeth Jeglic, Ph.D., child psychology.

Facts and Background

Facts and Background:
From 2006-2020 four young neighborhood children were sexually abused by Dana McGowan at the home he shared with his wife Terriann McGowan in Rohnert Park. Some of the abuse happened in the home, some in a hot tub in the yard, and some in an RV parked in the driveway of the home where Dana would frequently sleep alone with his victims overnight while his wife slept inside.

Dana McGowan has been convicted of his crimes and sentenced to life in prison. This case is brought for damages by M.S., identified in the criminal proceeding as Doe 4, who was abused from 2017 to 2020. M.S. was the last victim, ending Dana’s criminal run which began in 2006 or prior. This case seeks to hold Dana McGowan’s now ex-wife, Terriann Kuhlmann, liable on a negligence theory for the abuse of M.S.
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 the plaintiff suffering severe and permanent injuries due to sexual abuse in the defendant’s home. Plaintiff alleged that defendant Terriann Kuhlmann failed to detect, protect, and prevent sexual abuse by her husband Dana McGowan.
Defendant's Contentions:
Defendant Terriann Kuhlmann contended she was not negligent and, thus, not liable for the acts committed by her 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. Defendant Dana McGowan pled guilty to criminal charges and was sentenced to life in prison for his crimes.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Physical and psychological injuries due to child sexual abuse.

Special Damages

Special Damages Claimed - Future Medical: $262,000
Special Damages Claimed - Future Lost Earnings: $780,000

Demands and Offers

Plaintiff §998 Demand: Policy limits of $1,000,000
Defendant §998 Offer: Rejected plaintiff's demand.
Defendant Final Offer before Trial: $1,000,000.

Additional Notes

Plaintiff twice made an offer to compromise for policy limits of $1,000,000; rejected by insurer State Farm. On the day before trial, State Farm offered the previously rejected $1,000,000, which plaintiff then rejected. Policy limits were opened and now State Farm is covering the defendant Terriann Kuhlmann for the judgment amount in excess of her policy limit of $1,000,000.