Two civil lawsuits naming the Rowan County Department of Social Services and its former
director wont go to trial until next year at the earliest, according to a recently
ordered schedule. Jim and Jane
Bradshaws grandson, Budde Lee Clark, whom they knew as Jordan Bradshaw, died at the
hands of stepmother Robin Gosnell on Jan. 31, 1997.
The 6-year-old was the first of three children who
died from abuse in 1997 while under the the supervision of the Rowan County Department of
Social Services.
Nearly two years ago, the Bradshaws filed a
lawsuit against Rowan County, the Social Services agency charged with protecting Budde,
and then-director Rick Travis, claiming the agency contributed to Buddes abuse and
death through inaction.
Now Buddes maternal grandparents will have
to wait until after January 2001 to see that lawsuit tried in court.
Superior Court Judge Larry G. Ford ordered the new
schedule at the request of defense attorney H. Lee Davis of Winston-Salem. A previous
order slated the trial to begin between April 1 and June 30 this year.
Both sides have named the expert witnesses they
may call at trial. The revised schedule sets April 30 as the date by which the plaintiffs
must name rebuttal experts, and it gives the defense until May 31 to depose them.
Among witnesses who may be called to testify are
doctors who treated Budde, the pathologist who performed his autopsy, an expert in child
maltreatment and members of a task force created to study Social Services here after the
1997 deaths.
All other discovery pretrial procedures to
compel the other side to disclose information is to be completed by July 31,
according to the schedule. Other motions to be dealt with before a trial must be filed by
Sept. 15.
Included in the information ordered disclosed in
this case are Social Services files relating to Robin Gosnells children, Sammy
Bringle and Christian Pittman, and files relating to Pittmans children and the
children of his wife, Jamie Aestrop Pittman.
The parties must agree upon and submit to the
court the name of a mediator by Aug. 1, and must complete mediation by Oct. 31.
By law, the parties must attempt to settle the
lawsuit through mediation before going to trial. Failing that, the lawsuit can be set for
trial during any term of court after the first of next year.
The parties can agree to have, or the judge can
order, the schedule further revised.
Ford also set a schedule for a lawsuit brought
against the county, Travis, Social Services and several of the agencys employees by
Salisbury attorney John T. Hudson, administrator for the estate of DeMallon Krider.
Tamanchies Krider, DeMallons mother, is
serving a life sentence for murdering the 2-year-old in June 1997. She gave birth to
DeMallon while in prison and he lived with a foster family until her release, when Social
Services gave her custody.
That lawsuit is set for trial after July 1, 2001,
according to the schedule. Plaintiffs and defense attorneys are the same in
Hudsons and the Bradshaws lawsuits.
Plaintiffs attorney Mary Beth Smith of
Concord is on vacation this week, a woman who answered the telephone at her office said.
Neither George B. Hyler Jr. of Asheville, another plaintiffs attorney, nor defense
attorney Davis returned telephone calls to their offices.
DeMallons was the third death of a child
under Social Services watch in 1997. The deaths sparked public outrage and led to
child-welfare reforms in Rowan County and statewide, including the hiring of hundreds of
new child welfare workers.