Grandma Hopeful After Settlement In Creekmore Case
EVERETT - With yesterday's announcement of her $185,500 settlement with the state of Washington, Eli Creekmore's grandmother wanted to talk about the future.
``I don't have to go through specific incidents of Eli's death anymore,'' Myrna Struchen Johnson said after a hearing where the settlement was approved. ``But I can certainly go forward and try to stop what I can of the abuse of other children.''
The brief, quiet hearing in Snohomish County Superior Court was in sharp contrast to the outcry generated by Eli's death in 1986.
People across the state reacted with horror and disbelief after 3-year-old Eli was kicked to death by his father, especially because Child Protective Services employees had evidence the child had previously been abused by his father.
Darren Creekmore received a 60-year sentence for murdering his son. Mary Creekmore, Eli's mother and Johnson's daughter, pleaded guilty to failing to get her son medical attention.
The state Department of Social and Health Services concluded a flawed system failed Eli, and worked to change policies and pass new laws.
But Johnson's wrongful death lawsuit challenged that conclusion and alleged that the state and two of its employees negligently handled her grandson's case.
The state, without admitting wrongdoing, agreed to pay half of the $185,500 to Johnson and half to Eli Creekmore's estate, of which Johnson is the representative. The court previously ruled that Darren and Mary Creekmore can't receive any more from the estate.
Paul Doumit, the assistant attorney general who represented the state, said the state's agreement to the settlement is a recognition that a tragedy occurred and that the case needs to be closed.
Johnson's attorney, Jeffrey Wells, said damages were limited because state law only allows immediate family members, not grandparents, to receive damages in wrongful death cases.
So at most, he said, Eli's estate could have received Eli's lifetime earnings, minus living expenses, which Wells estimated at $271,000 if Eli had gone to college.
The two CPS employees named in the suit - Cheryl Daudt and Carol Landaas - were dismissed from the suit, also as part of the agreement.
Johnson said the money will allow her to keep speaking out for abused children. And she talked about her wish for new laws that would give grandparents more rights to protect grandchildren.
The law now doesn't give grandparents the right to participate in state actions, such as making a child a ward of the state, Johnson's attorney said.
Johnson didn't want to talk about the the events that led up to her grandson's death.
``Every child is a reminder (of Eli),'' she said before the hearing. ``Every child cry, that is like. . . .''
She couldn't finish.