STATE OF MINNESOTA DISTRICT COURT

COUNTY OF POPE EIGHTH JUDICIAL DISTRICT

William Jepsen, as Trustee for the Heirs and Next of Kin ofEric Parker Dean,
Plaintiffs,
vs.
County of Pope;
Kelly Lurken-Tvrdik, individually and in her capacity as an employee of Pope County;
Amy Beckius, individually and in her capacity as an employee of Pope County;
Mary Schley, individually and in her capacity as an employee of Pope County;
David Dean;
Elizabeth Peltier; and
John Does 1-10.
Defendants. / Case Type: Wrongful Death
Court File No.: ______
Complaint

William Jepsen, as Trustee for the Heirs and Next of Kin of Eric Dean, for its Complaint against the Defendants, states:

Parties

  1. Eric Parker Dean was a young boy born on December 17, 2008who prematurely and tragically died on or about February 28, 2013.
  2. At all times material herein, William Jepsen has been a resident of the State of Minnesota.
  3. That William Jepsen was appointed as the Trustee for the heirs and next-of-kin of Eric Dean, pursuant to Minn. Stat. § 573.02, to commence and maintain this action and obtain recovery of damages herein by the Honorable Susan Miles, Judge of District Court, County of Washington, State of Minnesota, Court File Number 82-CV-15-1851.
  4. That David Dean andSommer Kempwere Eric’s natural parents.
  5. That, at the time of Eric’s death, Defendant David Dean had sole legal custody of Eric and shared physical custody of Eric with Amanda Peltier.
  6. Defendant Pope County is a Minnesota County with its county seat in Glenwood, Minnesota. The county operated a department of human services and employed child protection workers to work within the county at material times. Said child protection workers were subject to requirements of Minnesota statutes, rules, regulations, and laws for providing services.
  7. Defendant Kelly Lurken-Tvrdik is an individual who, upon information and belief, currently resides within the County of Stearns, State of Minnesota and who was employed as a child protection worker for Pope County at all material times.
  8. Defendant Amy Beckius is an individual who, upon information and belief,currently resides within the County of Douglas, State of Minnesota and who was employed as a child protection worker for Pope County at all material times.
  9. Defendant Mary Schley is an individual who, upon information and belief, currently resides within the County of Pope, State of Minnesota and who was employed as a child protection worker for Pope County at material times.
  10. Defendant David Dean is an individual who, upon information and belief, currently lives in Pope County and who was the natural father and sole legal guardian of Eric Dean at all times material.
  11. Defendant Elizabeth Peltier is the mother of Amanda Peltier and an individual who, upon information and belief, currently resides within the County of Pope, State of Minnesota.
  12. John Does 1-10 are as yet unidentified individuals employed for Pope County at material times.

Facts

  1. The Plaintiffs hereby reallege and incorporate Paragraphs 1 through 12 in support of this legal cause of action.
  2. Eric Dean was maltreated, neglected, and/or subjected to physical and mental abuse while living at the home of his mother, Sommer Kemp, and her boyfriend.
  3. Between March, 2010 and October, 2010, Pope County received approximately four reports that Eric was being maltreated, neglected, physically abused, and/or mentally abused at the Kemp home. Defendants Pope County, Lurken-Tvrdik, Beckius, and Schleytook no protective steps relative to Eric nor did they inform local law enforcement of themaltreatment reports.
  4. After further allegations of child abuse at the Kemp home, Defendant David Dean took legal custody of Eric, and he, along with his girlfriend,Amanda Peltier, took physical custody of Eric and moved Eric into a home shared by Defendant David Dean and Amanda Peltier until approximately August of 2011.
  5. From approximately August of 2011 to August of 2012, Defendant David Dean and Amanda Peltier resided in a home owned by Defendant ElizabethPeltier.
  6. In approximately August of 2012, Defendant David Dean and Amanda Peltier moved to a home owned by DefendantDavid Dean and Amanda Peltier.
  7. Eric continued to be maltreated, neglected, and/or subjected to physical and mental abuse after moving in with his father, Defendant David Dean, and Amanda Peltier, from November of 2010 until his death on February 28, 2013.
  8. Between February of 2011 and approximately August of 2012, Pope County received approximately fifteen reports that Eric was being maltreated, neglected, physically abused, and/or mentally abused in the Dean/Peltier home.
  9. The reports of maltreatement, neglect, physical abuse, and mental abuse received by Defendants Pope County, Lurken-Tvrdik, Beckius, and Schley revealed physical injuries such as a broken arm, black eyes, multiple bite marks on Eric’s head and face, multiple bruises and scratches on his body, an “egg-sized lump” on Eric’s head with puncture wounds surrounding it, bruising and redness on Eric’s ear, fat lips, bleeding ears, bruises of his head, neck, face, nose, cheeks, scratches on his neck, swollen cheeks, and an instance where Amanda Peltier slapped Eric and yelled obscenities at Eric while at his daycare.
  10. Defendants Pope County, Lurken-Tvrdik, Beckius, and Schley took no protective steps relative to Eric in response to these reports.
  11. Defendants Pope County, Lurken-Tvrdik, Beckius, and Schleyfailed to notify local law enforcement about the existence of all but one of these reports.
  12. On or about February 26, 2013, Amanda Peltier phsyically attacked Eric by slapping his face, spanking him, biting him, and throwing him across a room of the Dean/Peltier home.
  13. The February 26, 2013 attack by Amanda Peltier caused Eric’s small intestine to rupture, causing enzymes to escape into his body. While at the Dean/Peltier home over the course of February 26 and February 27, 2013, Eric repeatedly complained of pain, vomited approximately 26 times, suffered from irregular breathing, and he attempted to drink his own vomit multiple times. Neither Defendant David Dean or Amanda Peltier took any action for the protection of Eric, such as seeking medical attention for Eric until February 27, 2013, when Eric stopped breathing after he choked on his own black, tar-like vomit at the Dean/Peltier home. 911 was then called and Eric was taken to the hospital.
  14. On or about February 28, 2013, Eric was pronounced dead.
  15. Amanda Peltier was subsequently found guilty of first-degree murder and sentenced to life in prison in connection with Eric’s death.
  16. Defendants Pope County, Kelly Lurken-Tvrdik, Amy Beckius,and Mary Schley, as well as others,were negligent, grossly negligent, wantonly and willfully negligent, acted with a reckless disregard for the rights and safety of Eric Parker Dean, failed to act reasonably, and failed to actin good faith and exercise due care, and failed to act in good faith and follow the procedures set forth in Minnesota Statutes Section 626.556, subdivision 10, paragraphs (h), (i), and (j), as well as other Minnesota law, statutes, rules, and regulations following receipt of reports received with respect to Eric Parker Dean.
  17. Defendant Pope County is vicariously liable for the acts of its employees Kelly Lurken-Tvrdik, Amy Beckius, and Mary Schley, as well as others.
  18. That, upon information and belief, Defendant Elizabeth Peltier is a person mandated by Minnesota law to report suspected or actual neglect, physical abuse, or sexual abuse of a child to a local agency responsible for assessing or investigating the report or a local law enforcement agency. At all times material Defendant Elizabeth Peltier knew or should have known that Eric was the subject of neglect and physical abuse, but she failed to make any reports as mandated by law.
  19. That Defendant David Dean was Eric’s natural parent and legal guardian. At all times material, Defendant David Dean neglected Eric, knew or should have known that Eric was being neglected and subjected to physical abuse by others, but failed to take any protective measures with respect to Eric.

Count I

Negligence

  1. The Plaintiffs hereby reallege and incorporate Paragraphs 1 through 31 in support of this legal cause of action.
  2. As a direct and proximate result of the negligent conduct of each of the Defendants as described above, Eric Parker Dean died a tragic, premature, and wrongful death. As a result, the heirs and next-of-kin of Eric Dean have sustained funeral and burial expenses and have been deprived of Eric’s comfort, society, and companionship, which would have been given to said heirs and next-of-kin if he had lived; that said heirs and next-of-kin are entitled to all such damages as set forth in Minnesota Statutes §§ 573.02, et seq.; and that said heirs and next-of-kin have been otherwise damaged in a total sum exceeding Seventy Five Thousand and no/100 Dollars ($75,000.00).

Count II

Gross Negligence

  1. The Plaintiffs hereby reallege and incorporate Paragraphs 1 through 33 in support of this legal cause of action.
  2. As a direct and proximate result of the grossly negligent conduct of each of the Defendants as described above, Eric Parker Dean died a tragic, premature, and wrongful death. As a result, the heirs and next-of-kin of Eric Dean have sustained funeral and burial expenses and have been deprived of Eric’s comfort, society, and companionship, which would have been given to said heirs and next-of-kin if he had lived; that said heirs and next-of-kin are entitled to all such damages as set forth in Minnesota Statutes §§ 573.02, et seq.; and that said heirs and next-of-kin have been otherwise damaged in a total sum exceeding Seventy Five Thousand and no/100 Dollars ($75,000.00).

Count III

Wanton and Willful Negligence

  1. The Plaintiffs hereby reallege and incorporate Paragraphs 1 through 35 in support of this legal cause of action.
  2. As a direct and proximate result of the wantonly and willfully negligent conduct of each of the Defendants as described above, Eric Parker Dean died a tragic, premature, and wrongful death. As a result, the heirs and next-of-kin of Eric Dean have sustained funeral and burial expenses and have been deprived of Eric’s comfort, society, and companionship, which would have been given to said heirs and next-of-kin if he had lived; that said heirs and next-of-kin are entitled to all such damages as set forth in Minnesota Statutes §§ 573.02, et seq.; and that said heirs and next-of-kin have been otherwise damaged in a total sum exceeding Seventy Five Thousand and no/100 Dollars ($75,000.00).

WHEREFORE, the Plaintiffs respectfully request that this Court grant judgment in their favor and against the Defendants, jointly and severally, as follows:

  1. For damages in an amount in excess of Fifty Thousand Dollars ($50,000.00);
  2. For pre-judgment and post-judgment interest;
  3. For an order determining that David Dean cannot recover as a surviving next of kin;
  4. For reasonable costs and disbursements and plaintiffs’ attorneys’ fees;
  5. For other such relief as this Court deems equitable.

HARPER & PETERSON, P.L.L.C.

Dated:By:

William D. Harper (#41385)

Jason L. DePauw (#0392150)

Attorneys for Plaintiffs

3040 Woodbury Drive

Woodbury, MN 55129-9617

Telephone: (651) 738-8539

ACKNOWLEDGMENT

The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §549.211 to the party against whom the allegations in this pleading are asserted.

Dated: ______

William D. Harper

1