Tammy Smathers, individually and on behalf of the estate of Harmony B. Rayne Carsey v. Rick Glass, executive director of Perry County Children's Services et al., Case No. 2020-1062
Fifth District Court of Appeals (Perry County)
ISSUES:
- If a children services safety assessment is falsified, does it prove that a children services worker acted recklessly, wantonly, or intentionally?
- Should a trial court consider an affidavit from an expert about the conduct of children services workers when considering whether the workers are immune from liability and summary judgment should be granted?
- Did the court of appeals properly review the appeal?
- Are allegations of "comparative fault" relevant when evaluating whether the conduct of a children services worker is reckless, willful, wanton, or intentional?