Insurance company files suit in wrongful death case

COLUMBUS - An insurance company is seeking a declaratory judgment that the company is not responsible for damages stemming from the outcome of a wrongful death lawsuit filed following the 2004 death of a 13-month-old Columbus boy.

Allstate Insurance Company has filed suit in Platte County District Court against former day care provider Margorie Walnofer and Keli Forney, the mother and personal representative of the estate of Konnar Thomas Perry-Forney, who died Jan. 6, 2004.

In a wrongful death lawsuit filed in district court late last year, Forney has alleged Marjorie Walnofer was negligent. That lawsuit is seeking more than $43,000 in medical and funeral costs and an unspecified amount of general damages in Konnar's death.

Konnar, the son of Forney and Kurtis Perry, died as a result of blunt force trauma to the head. He had a seven-inch fracture to his skull.

In Allstate's lawsuit, the company denies that its insurance contract with the former daycare provider “provides liability coverage for the claims of Forney against Walnofer. We do not cover any bodily injury or property damage intended by, or which may reasonably be expected to result from the intentional or criminal acts or omissions of any insured person.”

Forney's lawsuit accuses Walnofer of negligence in supervising and monitoring the child, in failing to remove or keeping or placing him in a position of peril and failure to provide a safe environment. The suit also charges Walnofer with failing to inform Forney, other authorities or medical professionals of the child's injuries, failure to prepare and maintain records and failure to obtain a Nebraska Daycare License.

As a result of the alleged negligence, the lawsuit contends that Konnar's next of kin have been deprived of his society, companionship, care, comfort, nurture and support.

“Their investment of money, affection, guidance, security and love in the decedent has been destroyed,'' the lawsuit argues.

No trial dates have been set for either the Forney or Allstate lawsuits. Pretrial motions are still being pursued in both cases.

Attorneys for Forney and Walnofer declined to comment on the status of the lawsuits. An attorney representing Allstate did not return a message seeking comment.

Walnofer was found not guilty of child abuse resulting in death by a Platte County District Court jury on Aug. 10, 2004. Walnofer faced a maximum of life in prison and a minimum of 20 years imprisonment if she had been found guilty at the trial.

Konnar died a day after his mother picked up the boy from Walnofer's home daycare and two hours later found him unresponsive in his crib. Doctors testifying for the prosecution at the trial said that Konnar's injuries had to have occurred on Jan. 5. Konnar was in Walnofer's care that day from 8 a.m.-5 p.m.

A defense expert, however, testified that the injury could have occurred days earlier. There was no physical evidence linking her to the crime nor were there any witnesses.