A Washington Court of Appeals reinstated on Tuesday a jury's $98.5 million verdict awarded to Susan Cox Powell's parents, who sued the state Department of Social and Health Services for negligently failing to protect their grandsons.
In the wrongful death lawsuit, Judith and Charles Cox alleged the state didn't do enough to keep their 7-year-old and 5-year-old grandsons safe from their father, Joshua Powell, who killed the boys in 2012. Jurors found DSHS negligent in July 2020 and awarded $98.5 million to the Cox family.
DSHS argued that amount of money was excessive and outside the range of on-record evidence. Later that year, a Pierce County Superior Court judge reduced the damages to about $32.8 million.
The boys, Charlie and Braden Powell, were killed in 2012 by Josh Powell during a supervised visit at his Graham-area rental home. He kept a social worker out of the home, attacked the boys with a hatchet and set fire to the house.
Josh Powell was being investigated at the time in the disappearance of his wife, Susan Cox Powell, who went missing in 2009 and is presumed dead.
The boys were in the custody and control of DSHS at the time of their death, and Josh Powell was allowed supervised visits. DSHS contracted with Foster Care Resources Network to secure a supervisor for the court-ordered visits.
In February 2012, DSHS learned Powell was likely going to be arrested in the near future in connection with Susan Cox Powell's disappearance and presumed murder, according to the opinion. Charles Cox, the boys' grandfather, called one of the social workers and expressed his concern about the boys' safety, the opinion said. The social worker assured him continued visitations were fine because nothing had happened in the past.
Days later, Powell killed the boys.
The Coxes' lawyers asked the jury to award $5 million for every minute of conscious pain and suffering the boys endured, based on testimony from a medical examiner. The jury returned a verdict totaling $115 million for both boys' estates, which was reduced to $98.5 million.
DSHS later claimed the damages awarded were too high and the verdict was a result of "passion and prejudice."
The Coxes argued the Pierce County Superior Court Judge erred in concluding that the jury's damage award was "not within the range of substantial evidence." Appeals court judges agreed.
"There is substantial evidence supporting a significant award of noneconomic damages based on the horrific and brutal deaths that both (Charlie) and (Braden) endured at the hands of their own father," the opinion said.
Anne Bremner, who has been the Coxes' attorney for over a decade, said the family is gratified the jury's verdict was undisturbed.
"It's been a long time," Bremner said, calling the opinion "beautifully written."
The state has 30 days to appeal the decision to the Washington Supreme Court.
