CLEVELAND — A Cuyahoga County jury reached a verdict in the civil trial against Catholic Charities and other defendants Tuesday in a case stemming from the 2017 death of Jordan Rodriguez, a 4-year-old boy who was tragically found buried in his mother's backyard in Cleveland.
The eight-member jury sided with the plaintiff in the case, Michelle Rodriguez, Jordan's aunt and the administrator for his estate. She was awarded $12 million, with most of the blame for the child's death being placed on his mother.
Catholic Charities will be ordered to pay $960,000 of the final penalty, but the plaintiffs also sought punitive damages against the organization. However, jurors on Thursday ruled the charity did not act with malice and would not have to pay any additional money.
Defendants named in the complaint included Catholic Charities, a former case worker who was required to visit the Rodriguez home, Jordan's mom Larissa, and her boyfriend Christopher Rodriguez. Jurors also found the Cuyahoga County Department of Children and Family Services and MetroHealth Medical Center employees or contractors liable, though they were not named in the lawsuit.
The heartbreaking case was thrust into the spotlight in December of 2017, when Jordan's body was found abused and buried in the backyard of the home where he lived. Six months later, Larissa Rodriguez and Christopher Rodriguez each pleaded guilty to involuntary manslaughter, with both currently serving sentences of at least 25 years in prison.
In a separate case, Nancy Caraballo — the Catholic Charities case worker required to make monthly visits to the Rodriguez home — was sentenced to three years behind bars after admitting to paying off Larissa Rodriguez for the food stamp benefits that were meant for Jordan and his siblings. On at least 11 occasions, Caraballo falsified her reports to cover up the fact she had not been inside the home, even though it was her responsibility to report neglect and abuse to the proper authorities.
From the beginning of the case, Michelle Rodriguez told WKYC she had questions and concerns. In 2019, she filed a complaint in civil court, claiming the defendants "turned a blind eye to clear and present indications of ongoing physical abuse and neglect, acting indifferently to Jordan's safety and well-being, leaving him exposed to longstanding and continuing harm and to his untimely death."
According to Cleveland.com, Catholic Charities was found only 8% liable, with the jury placing 52% of the blame for Jordan's death on Larissa Rodriguez. Due to she and Christopher Rodriguez currently sitting behind bars, obtaining millions of dollars from them seems highly unlikely.
MetroHealth and DCFS were both found a combined 26% liable in the case, however since they were not named in the lawsuit will not be forced to pay damages. Nancy Caraballo was found 2% liable, meaning she will be required to pay roughly $240,000.
The plaintiffs had asked for $81 million.
Attorney Jay Paul Deratany says an appeal will be filed, sending the following statement to 3News:
It is one thing to fight fairly at trial using evidence and the law, but Catholic Charities and their lawyers stooped to new lows, with shady conduct and false accusations.
Primarily they called as their star witness, Chris Rodriguez, who was found guilty of involuntary manslaughter, and clearly contributed or killed Jordan Rodriguez only to have that witness say false things to the jury about the family. It is very curious that Chris Rodriguez spoke privately to Catholic charities attorneys in two meetings without plaintiff’s counsel being present.
The judge allowed Chris Rodriguez to testify that one of the family members committed rape, another theft of EBT cards - all false allegations and inadmissible in any fair court of law. The idea that Rodriguez could come into court, and Catholic Charities would elicit these lies, is just appalling and speaks to unethical conduct by the Catholic Charities’ lawyers.
Catholic Charities obviously pretends to be a charitable organization, but will stoop to any possible low to demoralize and denigrate children in order to win a case for their insurance companies. Though I objected on hearsay and prejudicial grounds, the court simply allowed multiple hearsay statements without any proof to be admitted as “evidence.”
Rodriguez simply was allowed to say basically that he was "talking" to a police officer about the brother of Jordan Rodriguez committing statutory rape, yet there was absolutely no legal basis for admission of such prejudicial lies. The police officer who Chris Rodriguez spoke to was never called because no such conversation occurred. It was made up to trash the estate of Jordan Rodrigue – his family – and mostly minor the children. The judge also allowed this same witness to simply say that the aunt who filed this case on behalf of her nephews and nieces committed EBT theft. This was a false and defamatory accusation that the judge allowed into evidence.
But there is more. This judge (Brian Mooney) also, for no legitimate reason, prevented several family members from being able to testify as to their grief and loss of Jordan. This judge also would repeatedly call another judge (Sean Gallagher), who was in Ireland at the time, to assist in ruling on issues. This is unheard of, and is inappropriate conduct.
A judge who is sitting at a bar in Ireland not hearing this case, is taking part in rulings? Incredible.
Furthermore, Judge Gallagher is on the appellate court, so he should absolutely not have been giving advice on rulings. This judge, Brian Mooney, also arrested plaintiff’s counsel and had him in lock up because counsel wanted to make a record for the appellate court on an issue, which is our legal obligation. Never in 35 years of practice have I experienced something like this - and the conduct smacks of bias.
Also, at the end of the case, this court instructed the jury in such a manner that indicated to them that any compensatory award would go to the plaintiffs when it was clear it would not - this instruction was misleading. Only the portion of the verdict against Catholic Charities - 8% would go to the plaintiffs. Why this judge would allow a misleading instruction to this jury is perplexing
At the beginning of this case when the judge said "The Bishop wants this case over with" should have clued me in. Was the judge talking to the bishop about this case? Again, this would be inappropriate.
He had an obligation to consider the facts and evidence without outside influence, and make judicious rulings. I fear this judge simply took Catholic Charities side at every opportunity, because their lawyers are bullies who screamed the loudest. This caused this court to put its thumb on the scale of justice. The brothers and sisters of Jordan Rodriguez did not get a fair trial, and we will be appealing.
Allowing hearsay, false accusations of criminal conduct against the minor brothers and sisters of Jordan Rodriguez, arresting the attorney for the plaintiff, and talking to a judge in Ireland to determine judicial rulings was beyond the pale. For all those reasons and more, we will be appealing.