M.S. v. McGowan et al.

CASE NAME: M.S. v. McGowan et al.

TYPE OF CASE: Child Abuse, negligence

COURT: Sonoma County Superior Court

JUDGE(S): Patrick M. Broderick

PLAINTIFF LAWYERS: Abbey, Weitzenberg, Warren & Emery PC, Scott R. Montgomery, Kaitlyn D. Wright

DEFENSE LAWYERS: Phillips, Spallas & Angstadt, Todd A. Angstadt

Scott Montgomery recounted the emotional moment when the judge read the verdict in a child sexual abuse case last year in Sonoma County. The Abbey, Weitzenberg, Warren & Emery shareholder had advised his team to remain unemotional regardless of the outcome, but upon hearing the favorable verdict, he couldn't help but cry.

Scott Montgomery

"And then, we won. And the moment the clerk stopped reading the verdict, and stamped the verdict entered, I broke my own rule and I cried," Montgomery said. "I really don't cry very often. I cried when my daughter was born. I cried when we got a verdict for three sexually abused foster children last year. And I cried again here. I cried because in that moment after the verdict was read, when it was stamped by the clerk, standing there in the courtroom, I knew that we had done our job for her, for our survivor.

The lawsuit concluded with a $46 million award to the minor plaintiff, identified as M.S. M.S. v. Dana Steven McGowan et al., SCV-271174 (Sonoma Super. Ct., filed July 14, 2022).

A Santa Rosa jury found both Dana McGowan, a convicted sex offender, and his wife, Terriann Kuhlmann, liable for the abuse.

The civil suit was brought by M.S., a survivor of childhood sexual abuse, against the couple who were responsible for the abuse in their home, Montgomery said.

Kaitlyn Wright

Dana McGowan is currently serving a life sentence in prison for his crimes. Kuhlmann was held accountable for negligence. Montgomery emphasized the importance of this verdict for the survivor, as it was the first time the wife was held responsible for her role in the abuse.

"This verdict stands for one simple thing. Safety," Montgomery said. "If you are going to bring unrelated young children into your home, you have to protect them. If you cannot, just do not bring children into your home. And, beyond that, if you see or hear of sexual abuse of children, even if it is by your spouse as it was in this case, you cannot laugh it off, or plead ignorance, the community requires you to act and protect."

The evidence presented at trial revealed that Kuhlmann had brought four victims, including M.S., into her home from 2006 until McGowan's arrest in 2020. M.S. was the fourth victim, beginning in or around 2017, Montgomery said.

During this period, McGowan sexually abused the children, and Kuhlmann was aware of prior complaints and instances of improper conduct but failed to take any action to stop it. Instead, she often dismissed the complaints, referring to her husband's behavior as "silly" or "odd," Montgomery added.

"The evidence revealed alarming patterns of red flag behavior in the home by Dana McGowan for a period of 10 years before plaintiff was ever in the home," said Kaitlyn Wright, Montgomery's colleague in the matter. "We argued that Dana McGowan's wife, Kuhlmann allowed children, including plaintiff, into the home despite being aware of the red flag behavior by her husband."

The jury found Kuhlmann 40% responsible for the sexual abuse of M.S. and awarded the plaintiff $46 million for the harm suffered and the lifetime of trauma faced as a survivor of childhood sexual abuse. Montgomery noted the challenges of collectability in such cases due to the lack of assets. Despite numerous demands for payment of the $1 million insurance policy limit, State Farm Insurance Company ultimately agreed post-verdict to indemnify Kuhlmann for the full verdict amount, exceeding her policy limit.

"Without this 'opening' of the policy limit via our effective demands, only $1 million of the verdict would have been guaranteed to be collectible by the survivor instead of the more than $20 million collectible by her now," Montgomery said.

Montgomery confirmed an appeal has been filed.