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Jenks v. West Carrollton6/15/1989
Grady, J.
This matter comes on appeal from a jury verdict in the court of common pleas adverse to plaintiff-appellant, Arlene Jenks, and in favor of defendant-appellee, Youth Drug Program. Appellant's two assignments of error concern the trial court's charges on instructions to the jury.
Arlene Jenks brought an action for wrongful death arising from the killing of her son, David Jenks, age thirteen. David was raped and murdered on June 25, 1983, by James Louden, age eighteen.
Louden had, from an early age, a history of drug use and other criminal activity, including acts of violence. In July 1979, Louden was adjudicated delinquent and committed to the custody of the Ohio Department of Youth Services.
After three years, Louden was paroled and placed in the custody of the Youth Drug Program, a private agency funded by the mental health board and the Ohio Youth Commission. The Youth Drug Program provides both residential and outpatient care and treatment. The program provides a structured system of rewards and punishments to deter misconduct and promote socially acceptable behavior. Louden began as a resident in the program.
The Youth Drug Program was aware of Louden's history of violence and criminal activity. While a resident in the program, Louden threatened another inmate with a baseball bat. On another occasion he threatened another resident with violence. He was allowed to visit his sister, but admitted to use of drugs while doing so. The program was also aware that Louden had a serious problem of sexual identity. The view was developed, however, that Louden had made progress in controlling his negative behavior and that, by April 15, 1983, his long-term residential treatment goals had been met. Psychological testing indicated that Louden was in the normal range of behavior.
The next step in Louden's treatment was outpatient care. The Youth Drug Program, with the approval of the Ohio Department of Youth Services, placed Louden in foster care with the Cooper family, who also had a son in the program. The Cooper family was not made aware of Louden's history of violence or his sexual identity problem. The Youth Drug Program told the Coopers that Louden was isthe program for "a few B & E's and breaking probation."
While with the Coopers, Louden was supervised by a parole officer of the Ohio Department of Youth Services, who observed no problems. Mrs. Cooper observed, however, that Louden was becoming depressed and isolated, and she called the Youth Drug Program on several occasions to advise them of the fact. A clinical psychologist, John Korte, who had been a consultant with the Youth Drug Program, confirmed that Louden began to deteriorate after leaving the residential program. However, no change was made in Louden's case plan.
Several weeks prior to the murder, the Coopers were told by their son that Louden threatened a young neighbor boy with a knife. Louden gave the knife to Mr. Cooper when asked to do so. The Youth Drug Program was advised of the event. The Coopers and the program only learned after the murder that this earlier act also involved rape.
Mrs. Cooper made several telephone calls to the Youth Drug Program prior to June 25, 1983, to advise the program of Louden's problems. The program took no action. On June 25, 1983, Louden raped, repeatedly stabbed, and murdered David Jenks, a neighbor.
Dr. Korte testified at trial that, based on his experience and review of the case, there was no way to predict with any accuracy that Louden would commit murder, and that in his opinion the counselors at the Youth Drug Program did not deviate from th
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