Update: In October 2025, the Eighth District Court of Appeals reversed this judgment and sent the case back for a new trial (Rodriguez v. Catholic Charities Corp., 2025-Ohio-4840).

Published May 14, 2024 · Trials in the News

There are few losses harder to speak about than the death of a child who was supposed to be protected. Last month, a jury in Cuyahoga County was asked to decide who should answer for one of those losses. Its verdict is a sad case, but it also teaches an important lesson about how Ohio divides responsibility when more than one person or organization failed a child.

Out of respect for the boy and his family, we are not using his name or the names of his relatives here.

What the jury decided

According to Cleveland 19 News, on April 23, 2024, a Cuyahoga County jury awarded the estate of a 5-year-old boy who died in 2017 at least $12 million in compensatory damages, meaning money meant to make up for the harm caused. The estate's wrongful death lawsuit was brought against Catholic Charities Corporation, whose caseworkers, the lawsuit said, were hired to protect the boy and failed to do so. The lawsuit also alleged that one caseworker forged reports of welfare visits she never made.

The jury did not place most of the blame on Catholic Charities. As reported by Cleveland 19 News, based on figures from the estate's attorney, the jury divided responsibility this way:

  • 52 percent to the boy's mother
  • 15 percent to the county's children and family services agency
  • 12 percent to another individual
  • 11 percent to MetroHealth
  • 8 percent to Catholic Charities ($960,000 of the $12 million)
  • 2 percent to the caseworker

Cleveland 19 reported that the county agency and MetroHealth were not defendants in the case, yet the jury still assigned them a share of the fault. News 5 Cleveland reported that the boy's mother and her boyfriend had pleaded guilty in the criminal case to charges that included involuntary manslaughter.

About a week after the first verdict, the same jury returned to consider punitive damages, which are extra damages meant to punish especially bad conduct. News 5 Cleveland reported that the jury declined to award them, finding that Catholic Charities did not act with actual malice.

Why a $12 million verdict may not mean $12 million

Families are often surprised to learn that a large verdict does not always translate into a large recovery. Two Ohio rules explain why.

First, the jury assigns a percentage of fault to everyone who caused the death, including people who are not in the lawsuit. Under R.C. 2307.23(A)(2), the jury must state the percentage of fault attributable to each person from whom the family does not seek recovery. A defendant may raise this as a defense before trial. R.C. 2307.23(C). In practice, this means a defendant can point to an "empty chair" and ask the jury to place blame there.

Second, most defendants pay only their own share. Under R.C. 2307.22, damages for noneconomic loss (such as the family's grief, lost companionship and mental anguish) are always divided according to each defendant's percentage of fault. R.C. 2307.22(C). For economic loss (such as lost financial support and funeral costs), a defendant is responsible for the full amount only if the jury finds that defendant more than 50 percent at fault, or in certain cases involving an intentional wrong. Otherwise, it pays only its own percentage. R.C. 2307.22(A), (B).

So when a jury places much of the blame on a person who has no money or insurance, or on an agency that is not part of the case, the family may collect only a fraction of the verdict from the defendant that can actually pay. That is a hard truth, and families deserve to hear it at the start of a case, not after a trial.

The punitive damages question

Ohio limits punitive damages. A jury can award them only if the defendant's conduct showed malice or aggravated or egregious fraud, or if the defendant as an employer knowingly authorized, participated in, or ratified such conduct by its employee. R.C. 2315.21(C). That is a high bar. A jury can find an organization careless, as this jury did, and still decide that its conduct does not meet the standard for punishment. Our chapter on damages explains the categories of damages Ohio allows.

What families can take from this case

Identify every responsible party early. Because a jury may assign fault to people who are not in the case, the investigation has to look at everyone who had a role: individuals, private contractors, agencies, hospitals, and employers. Deciding who to sue, and who can be sued, is one of the most important choices in a wrongful death case.

Understand the special rules for public agencies. Ohio gives counties, cities, and other public bodies broad protection from lawsuits, with specific exceptions. Private companies that contract to perform public work may not have the same protection. Our page on government and police cases explains how these claims work.

Expect a long road. This boy died in 2017, and the verdict came in 2024. Cases with many parties, a criminal prosecution, and public agencies often take years. We discussed why in our post on how long a wrongful death case takes, and our guide explains how cases are resolved.

Remember who the case is for. In Ohio, a wrongful death case is brought by the personal representative of the estate, appointed by the probate court, for the benefit of the child's surviving family. When a parent is among those responsible for a child's death, the question of who should serve as personal representative, and who should share in any recovery, needs careful attention from the start. Our page on child wrongful death cases explains how these claims work and who may benefit.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.