Attorneys Andrew Davick and Josh Tuchscherer secured a $2.25 million settlement on behalf of Tori Hart and his family following the tragic death of his 6-year-old son, Eli Hart.
The lawsuit alleged that Dakota County and three social services employees failed to act on repeated warnings about Eli’s safety while he was in the custody of his mother. According to the allegations, family members raised concerns about the mother’s history of substance abuse and serious mental health issues, including paranoia and hallucinations, before custody decisions were made.
Despite those concerns, a court granted the mother full custody after recommendations from social services. Tragically, Eli was later killed by his mother on May 19, 2022.
The wrongful death lawsuit claimed that county officials and social workers were negligent in how they evaluated risk and failed to adequately protect the child despite available warning signs. The case focused on whether appropriate steps were taken to investigate and respond to the concerns raised by family members before custody was granted.
After approximately two years of litigation, the case was resolved through a $2.25 million settlement. The recovery includes compensation for Eli’s father and other family members, including his grandparents.
As attorney Andrew Davick stated, “This was a truly tragic situation, but this resolution holds the County accountable for its child protection failures. This was a challenging two years of litigation, and this case should lead all counties to reflect on its procedures and processes in protecting our young people.”
While no settlement can undo the loss of a child, the resolution provides a measure of accountability for the family and brings closure after years of litigation.
