DAYTON — A 2027 trial date has been set for the wrongful death lawsuit filed surrounding the death of 7-year-old Hershall Creachbaum.
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Court records filed last week show that a trial in the case is currently expected to begin on April 12, 2027.
A final pre-trial conference is scheduled for ten days before that, on April 2, 2027.
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As News Center 7 previously reported, the Estate of Hershall Creachbaum Jr. filed the lawsuit in October. It names agencies, including the Montgomery County Job & Family Services, Montgomery County Division of Children Services, and Clark County Division of Children Services.
“Attorneys for the estate contend that Hershell’s death was entirely preventable and only happened due to a complete lack of oversight and intervention by officials with Montgomery and Clark County,” a spokesperson for the Wright & Schulte law firm said in a statement to News Center 7.
Court documents allege those named “acted wantonly, willfully, recklessly, negligently and in bad faith ... proximately resulting in the injuries and death of Hershall Creachbaum, Jr.”
As previously reported, Creachbaum’s mother, Ashley Johnson, and her boyfriend, Michael Kendrick, are facing charges in connection with his disappearance and discovery.
The 7-year-old’s remains were found by police in July after concerned family members reported not seeing him for weeks.
Creachbaum’s family has previously told News Center 7 they believe that government agencies failed him.
“We believe children’s services should be held accountable. You had the opportunity to step in and you failed that child on multiple, multiple occasions,” she said.
Creachbaum’s estate is asking for $25,000 in compensatory damages, $25,000 in punitive damages, as well as legal fees for each person named in the lawsuit.
If that were granted, the total amount sought by the estate would be approximately $1.5 million.
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