A mother has filed a wrongful death suit against the woman, now 18, that murdered her 9 year-old daughter three years ago, and the mental institution that was aware of the woman's "violent propensities", as reported by the News Tribune.
The suit was filed in Cole County naming A.B., Pathways Behavioral Healthcare and two Pathways' employees as defendants.
A.B., having pleaded guilty this past January to second-degree murder, is currently serving a life sentence with an additional 30 years for armed criminal action. She is jailed in the state's Women's Eastern Reception and Diagnostic Center.
On Oct 21, 2009, A.B., then 15, stabbed E.O. to death. A.B. was a neighbor and a friend of E.B.'s younger sister.
M.F., the president and CEO of Pathway's parent company Compass Health, told reporters via e-mail, "We are aware of the suit but, obviously, cannot comment on pending litigation."
In the suit P.P., E.O.'s mother, claims that E.O. "died related to certain actions or omissions of (A.B.) and the other defendants."
The suit states that "(A.B.'s) violent propensities were well-documented from a young age, including but not limited to a declaration on her 'Myspace' page that her hobbies were 'cutting; killing people,' a video wherein (A.B.) electrocutes her younger brothers, a picture of (A.B.) holding a knife to another girl's throat, and other evidence…"
P.P. alleges that staff at Pathways "were aware of the same violent propensities of (A.B.), as well as the specific, identifiable threats to harm (E.O.) (But), despite actual knowledge of the threat (A.B.) posed to (E.O.), none of these defendants took actions to detain (A.B.), none took action to result in her detention, none warned (E.O.) or (P.P.) of the specific threat on (E.O.), nor did they take any action that might have prevented (A.B.) from harming (E.O.)"
During A.B.'s trial evidence was presented that showed that she had been habitually cutting herself and, after an attempted suicide in 2007, she had been hospitalized in the Mid-Missouri Mental Health Center. When she was released from Mid-Missouri she became a client at Pathways.
P.P. is being represented by St. Louis-based attorneys Matthew Diehr and Bruce Bartlett. The case has been split into five counts: Two counts against A.B. for causing E.O.'s "death in a cruel manner (and) caused untold damage to (E.O.), to (P.P.), and to (P.'s) family in the form of the loss of (E.O.)"
The third count is against Pathways as they "had a legal duty to exercise due care in preventing foreseeable harm to (E.O.) as an identified potential victim of (A.B.)"
The fourth and fifth counts are against Pathways psychologist Dr. N.S. and Pathways counselor, R.W., claiming that along with Pathways the two professionals were "negligent failure to warn( P.P.) and her family" because they were "not only aware of (A.B.'s) violent tendencies, but ... also had a credible threat against the readily identifiable (E.O.), but failed to exercise appropriate due care to prevent harm to (E.O.)"
The suit, in not seeking a specific monetary award, asks the court to decide what a "fair and just expenses associated with (E.O.'s) death, including ... pecuniary losses ... funeral expenses; (the) reasonable value of (E.O.'s) (future) consortium, companionship, and support; damages for (E.O.'s) pain and suffering; and punitive damages ..."
The death of a loved one can be overwhelming, especially if it is coupled with the knowledge that it was preventable. If you have a case of wrongful death, contact a personal injury lawyer for help right away.