Scott

The County of Los Angeles (the County) and Zsa Zsa Maxwell, a children’s services worker (CSW) in the County’s department of children’s services (DCS), appeal from the judgment of the superior court after a jury verdict. The jury awarded the seven-year-old plaintiff, Jimmee Scott, $1,191,692 in economic damages and $1,040,000 in general noneconomic damages, for a total of $2,231,692, for serious injuries she suffered as a result of the defendants’ negligence in supervising her foster care. Jimmee had been placed in the home of her grandmother, Dorothy Bullock, under DCS supervision.

The central issues raised by the appeal concern (1) the impact of requirements imposed upon local governments by regulations in the state Department of Social Services (DSS) Manual of Policies and Procedures (DSS Manual), (2) the extent to which shortfalls in local governments’ budgets may or may not excuse performance of mandatory duties imposed by such regulations, and (3) the manner of apportioning fault where one or more defendants are sued for negligence, and the defendants’ negligence consisted of failing to protect the plaintiff from the intentional acts of another defendant or a third…