Fumigation companies blamed for poisoning 10-year-old boy withdr - Fox29 WFLX TV, West Palm Beach, FL-news & weather

Fumigation companies blamed for poisoning 10-year-old boy withdraw defense that draws outrage

PEYTON MCCAUGHEY PEYTON MCCAUGHEY
  • Fox 29 Daily HeadlinesMore>>

  • 'Rocket Man' to 'Terrific': Trump lauds Kim in UN return

    'Rocket Man' to 'Terrific': Trump lauds Kim in UN return

    Monday, September 24 2018 12:51 AM EDT2018-09-24 04:51:38 GMT
    Tuesday, September 25 2018 1:03 AM EDT2018-09-25 05:03:53 GMT
    (AP Photo/Richard Drew, File). FILE - In this Sept. 19, 2017 file photo, U.S. President Donald Trump addresses the 72nd session of the United Nations General Assembly, at U.N. headquarters. Trump will be joined by other populist leaders at the 73rd Gen...(AP Photo/Richard Drew, File). FILE - In this Sept. 19, 2017 file photo, U.S. President Donald Trump addresses the 72nd session of the United Nations General Assembly, at U.N. headquarters. Trump will be joined by other populist leaders at the 73rd Gen...

    Trump will stress his dedication to the primacy of U.S. interests while competing with Western allies for an advantage on trade and shining a spotlight on the threat that he says Iran poses to the Middle East and beyond.

    More >>

    Trump will stress his dedication to the primacy of U.S. interests while competing with Western allies for an advantage on trade and shining a spotlight on the threat that he says Iran poses to the Middle East and beyond.

    More >>
  • Trump leads aggressive, all-out GOP drive to save Kavanaugh

    Trump leads aggressive, all-out GOP drive to save Kavanaugh

    Monday, September 24 2018 2:52 AM EDT2018-09-24 06:52:33 GMT
    Tuesday, September 25 2018 12:53 AM EDT2018-09-25 04:53:51 GMT
    (AP Photo/Manuel Balce Ceneta). FILE - In this Sept. 5, 2018, file photo, Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington. Combat won out over caution. White House aides and congressio...(AP Photo/Manuel Balce Ceneta). FILE - In this Sept. 5, 2018, file photo, Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington. Combat won out over caution. White House aides and congressio...

    The new accusation came just a few hours after negotiators had reached an agreement to hold a public hearing Thursday for Kavanaugh and Christine Blasey Ford, who accuses him of sexually assaulting her at a party when they were teenagers.

    More >>

    The new accusation came just a few hours after negotiators had reached an agreement to hold a public hearing Thursday for Kavanaugh and Christine Blasey Ford, who accuses him of sexually assaulting her at a party when they were teenagers.

    More >>
  • 4 dead, including suspect, after Maryland warehouse shooting

    4 dead, including suspect, after Maryland warehouse shooting

    Thursday, September 20 2018 10:38 AM EDT2018-09-20 14:38:29 GMT
    Friday, September 21 2018 12:48 AM EDT2018-09-21 04:48:06 GMT
    Multiple people are dead after a female gunman opened fire at a Rite Aid warehouse Thursday morning in Aberdeen, MD, north of Baltimore. (Source: WJZ/CNN)Multiple people are dead after a female gunman opened fire at a Rite Aid warehouse Thursday morning in Aberdeen, MD, north of Baltimore. (Source: WJZ/CNN)
    Multiple people are dead after a female gunman opened fire at a Rite Aid warehouse Thursday morning in Aberdeen, MD, north of Baltimore. (Source: WJZ/CNN)Multiple people are dead after a female gunman opened fire at a Rite Aid warehouse Thursday morning in Aberdeen, MD, north of Baltimore. (Source: WJZ/CNN)

    Authorities say multiple people have been shot in northeast Maryland in what the FBI is describing as an "active shooter situation".

    More >>

    Authorities say multiple people have been shot in northeast Maryland in what the FBI is describing as an "active shooter situation".

    More >>

All three companies linked to the August fumigation in Palm City that left ten-year-old Peyton McCaughey with brain damage are withdrawing a defense strategy that outraged many FOX 29 viewers.

In January we reported that Sunland Pest Control, Terminix and gas manufacturer Ensystex II all filed defense briefs in the civil suit against them blaming the McCaugheys for Peyton's injuries.

"Negligent" and "Careless" were two words used repeatedly by all three companies about the McCaughey family in defense motions.

Court documents filed by Terminix said the McCaugheys "conducted themselves in a negligent and careless fashion" and "should have known of the potential hazards and dangers for which they complain."

Since reporting the story in January the McCaughey's attorney, Bill Williams, says the companies have changed their defense strategies. 

"That's not going to be an issue anymore" said Williams. "I think those defenses are going to be withdrawn and they have been withdrawn."

Williams says two of the companies have already withdrawn the blame defense and the third is in the process.

Peyton's mother, Lori McCaughey, says Williams has advised her not to speak about the civil case itself.

She did give us an update on the reason behind the civil action.

"When we started he had absolutely no control over his body. Now he can communicate with us. Now he can stand on his own. He still lacks a lot of motor control with his body. We continue to go to all his therapy's, occupational therapy, speech therapy, physical therapy. Peyton is, I mean he's incredible, he has the best attitude you could imagine. He's happy, he's in good spirits and he fights everyday" Lori said on Wednesday afternoon.

She also thanked the community for all the emotional and financial support her family has received. "It's unbelievable what they've done for us. They've allowed us to explore several different therapies for Peyton that with out them maybe we wouldn't have been able to do."

The McCaughey family says it's hopeful the civil suit against Sunland Pest Control, Terminix and Ensystex II will guarantee Peyton the best care going forward.

That trial is set to begin in Palm Beach County September 12th.  

Copyright 2015 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Powered by Frankly

1100 Banyan Blvd.
West Palm Beach, FL 33401

FCC Public File
EEO Report
Closed Captioning

All content © Copyright 2000 - 2018 Raycom Media. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.