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June 16, 1999Salisbury Post; Rowan County, NC

 
 

Local News

Lawsuit filed in death of 2-year-old

BY NATASHA ASHE
SALISBURY POST

           
The picture of the then-healthy 2-year-old boy--his cheeks plump, his eyes smiling--captured the hearts of many after his death. That same picture will be on the minds of many again, now that attorneys have filed a negligence suit on his behalf.

A jury already has convicted Tamanchies Krider of murdering her son DeMallon after he was returned to her "on a trial basis'' by the Rowan County Department of Social Services.

Over the objections of Tamanchies' mother, Bessie, DeMallon went to live with his mother on May 5, 1997, and a little more than a month later, he was dead, the victim of head trauma, his body covered with bruises and bite marks.

While Tamanchies Krider is serving a life sentence without parole, Rowan County and the Department of Social Services must now defend their actions in court.

Salisbury Attorney John T. Hudson, administrator and personal representative for the estate of DeMallon Krider, has filed a suit seeking punitive damages from the county, Social Services, former Social Services Director Rick Travis and other named and unnamed members of the Social Services staff.

This is the second negligence suit filed against the county and Social Services because a child died from abuse.

Jim and Jane Bradshaw, grandparents of Budde Clark, who died at the hands of his stepmother five months before DeMallon's death, also sued the public agencies, accusing them of negligence.

The lawsuit filed Tuesday repeats many of the same allegations against Travis and his staff. In essence, the suit says Social Services and Rowan County were aware of existing problems within the agency, especially following the deaths of Clark and Christopher Jones in late January and early February of 1997. Clark and Jones had been the subject of Social Services' investigations prior to their deaths.

The suit says numerous employees of Social Services who provided child protection services informed Travis and county officials that their unit was seriously understaffed and overworked and that serious or fatal injuries were likely to result.

The suit also says Rowan County and the Department of Social Services continued to permit the under-staffing after Clark and Jones died.

After the first two deaths -- and before DeMallon Krider died -- Rowan County officials created a Child Abuse Task Force, made up of local professionals and concerned individuals, to examine better ways to protect children. The group held its first meeting May 1997 -- one month prior to DeMallon's death.

After DeMallon's death, public outcry prompted lawmakers and state officials to take action and change the way child-abuse cases are handled. Legislators also allocated money to hire a large number of child welfare workers throughout North Carolina.

Gov. Jim Hunt sent a state team to review Rowan's Social Services department. The team found a number of problems surrounding the operations of the local department. The local agency has since added a number of child welfare workers and made changes recommended by the state, earning a exemplary review from state officials.

Hudson said this morning that he has no comment on the negligence suit. Concord attorney Mary Beth Smith and Asheville attorneys George B. Hyler Jr. and Robert J. Lopez filed the suit on behalf of the estate, seeking unspecified damages.

The same attorneys are representing the Bradshaws in their suit on behalf of Budde Clark.

Smith and her mother, Elizabeth, were active members of the Child Abuse Task Force.
 

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