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Suit settled for $55,000 in Murphy woman's death She had wandered from foster home but no deputies were available to search for her Comment By Chris Bristol Grants Pass Daily Courier MailTribune.com By Chris Bristol Grants Pass Daily Courier Posted Apr. 22, 2015 at 5:05 PM By Chris Bristol Grants Pass Daily Courier Posted Apr. 22, 2015 at 5:05 PM » Social News Recently obtained court records show that a wrongful death lawsuit accusing local and state authorities of negligence for delays in the search for a missing 80-year-old Grants Pass woman was settled in January for $55,000. The lawsuit was filed in Josephine County Circuit Court on behalf of June Rice, a retired waitress who died Aug. 15, 2012, after she wandered away from an adult foster home in the Murphy area in 99-degree heat. No sheriff's deputies were on duty at the time because of budget cuts, contributing to a five-hour delay in launching a search for Rice. By then a man walking his dog found her body near her electric scooter, which had gotten stuck in gravel about a mile from the care home. She died of dehydration and heat stroke. The lawsuit alleged 911 dispatchers failed to promptly activate a search-and-rescue effort and that Oregon State Police further compounded the delay by mislabeling the call a low-priority "attempt to locate." As a result, none of the three state troopers on duty at the time were sent to investigate. In the aftermath, officials with the sheriff's office and OSP conceded there were evident communication gaps in the way the case was handled. Probate records in the case show that Rice's state-certified caregiver, Shirley Simon, paid $25,000 to settle her portion of the case. The money came directly from her personal assets, as she neither had nor was required to carry liability insurance. Another $25,000 was paid by the state of Oregon to settle negligence accusations against the state police for the delay in launching a search for Rice. The balance of the settlement, $2,500 each, was paid by the city of Grants Pass, which operates the local 911 call center, and the sheriff's office. In an affidavit explaining the settlement to a probate judge, the attorney for Rice's estate, Kelly L. Andersen of Medford, described the settlement as "extremely low." Andersen blamed Simon, Rice's caregiver, for causing the delay in launching a search for Rice by allegedly not reporting Rice was missing from her foster care home at 6745 North Applegate Road for about 90 minutes. He said her ability to contribute to the settlement was limited because she had taken steps to exclude her homeowner's insurance from having any liability for her adult foster care business. The state Department of Human Services, which regulates adult foster homes, requires such businesses to be certified but does not require them to carry liability insurance. "Her attorney has represented that she has exhausted all her liquids assets" in paying off her share of the settlement, Andersen reported. In further explaining the settlement, Andersen said Simon's delay in reporting Rice missing made his case against the state police a "long shot," even though OSP's mislabeling the missing-person call further delayed launching a search. None of the parties to the lawsuit would comment on the settlement. The settlement agreements deny liability on the part of the defendants and prohibit Vickie Wood, Rice's daughter and personal representative of Rice's estate, from suggesting "at any time, under any circumstances" that the settlements could be construed as an admission of guilt. A DHS report on the incident obtained by the Grants Pass Daily Courier does not show a clear timeline in the case but does reflect that Simon tried to call 911 for help finding Rice, only to be told no deputies were on duty. According to the report, Simon said Rice had physical problems but was "mentally and cognitively independent." Simon eventually called the sheriff's office in neighboring Jackson County for help. Deputies then joined in the increasingly desperate search for Rice, even though Murphy is miles outside their jurisdiction. DHS regulators formally concluded there was no substantiation of wrongdoing on Simon's part and that she did "the most possible" to organize a search for Rice on her own given the lack of law enforcement resources. According to a DHS investigator, Simon "wept when describing the area where (Rice's) body was found, and how (Rice) had to die alone and possibly suffering and frightened." The incident was the first of two in August 2012 that put the county in the headlines weeks after voters refused to raise Josephine County's lowest-in-the-state property tax rate. The second incident made even bigger headlines after a Cave Junction woman who reported she was being sexually assaulted by her ex-boyfriend was told there were no deputies or state troopers on duty. The incident was picked up by media outlets across the country and has remained a staple of social media ever since. Voters have since rejected two more proposed levies. Another levy request, the fourth since 2012, is on the May 19 ballot. Due to staffing shortages, the county continues to rely on OSP for emergency police coverage at night. Daily Courier City Editor Chris Bristol can be reached at 541-474-3716 or at [email protected]. By Chris Bristol Grants Pass Daily Courier MailTribune.com By Chris Bristol Grants Pass Daily Courier Posted Apr. 22, 2015 at 5:05 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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