Posted: Oct 6, 2011 8:07 PM by Shawn Kline
The Third Circuit Court of Appeal upholds a trial court's decision to remove UMC and Louisiana's Department of Social Services from a case involving the wrongful death of an 11-year-old.
This is a case of a Grand Coteau mother accused of killing her own child.
The story began back in 2006 when Sandra Joseph took her then, nine-year-old child to the top of a building in Baton Rouge where she attempted to talk the child into a double-suicide by jumping off the building.
The alleged father of the child, Fidel Udomeh says the nine-year-old boy talked his mother out of it.
Afterwards, Udomeh filed a complaint to social services- he did not want the child in Joseph's custody. The request was denied because it did "not meet the policy definition of abuse or neglect."
Joseph, who worked for social services at the time, also checked into multiple hospitals for psychological evaluation including UMC.
Court documents state at this time, coworkers began filing complaints; they were concerned about the boy being in Joseph's care.
However, there was no change in custody.
In 2009, court documents say Joseph intentionally ran over her son with her car numerous times until he was dead.
Udemeh filed a wrongful death action naming joseph, UMC and the Louisiana Department of Social Services defendants in the case but a trial court dismissed UMC and LDSS from the case.
In the judges' opinions, because Udomeh was never legally recognized as the child's father.
Udomeh's counsel says they'll apply for a re-hearing on this decision and may even take this to the Supreme Court.