Charged in Daughter’s Death, Parents Sue Gov’t for Damages

Tort Law

Charged in Daughter’s Death, Parents Sue Gov’t for Damages

Posted Aug 12, 2008, 01:10 pm CST
By Martha Neil

Criminally charged with allowing their disabled 14-year-old daughter to die from neglect, a Pennsylvania couple have sued child welfare agencies and workers for damages over her death.

Harshly criticized for doing so by government officials, Andrea Kelly, 39, and Daniel Kelly, 37, know they won't themselves get any damages if they are convicted or determined to have abandoned their daughter. However, their lawyers say they hope to provide for their other children, reports the Philadelphia Daily News.

"If a jury decides that the estate should get money, Orphans Court would decide who the beneficiaries would be, the attorneys said. They said that Daniel and Andrea Kelly had to be named as administrators of the estate because they are Danieal's parents," the newspaper writes.

Initially filed in state court at the beginning of the month, the civil rights case being pursued by the Kellys has since been transferred to federal court.

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