By now I’m sure that you’re all aware of the pending lawsuit against James Fortune and his wife, Cheryl, stemming from child abuse allegations back in 2001. Allegedly, James severely burned his stepson, Cheryl’s biological son, by pushing him into a bathtub of scalding hot water. The child was four at the time. He suffered excruciating burns to a majority of his body, from his waist to his feet and on his hands. Since the time of the incident the boy has undergone numerous skin grafts in an effort to remove the scars. Now, the biological father, Roderick Davenport, is suing the Fortune’s to pay for plastic surgery to fix the disfiguring scars on his son’s body. He’s asking for $5 million to take care of the procedures. Davenport says that he is pursuing the lawsuit now because the child is 15 and old enough for the surgeries.
According to Fox News, Davenport says the injuries at the time of the incident looked like his son was burned with fire. In the video below you can see the damage done by the scalding hot water. We warn you that they are graphic, even though some parts are blurred out. Davenport also says he couldn’t believe that someone would do that to a 4 year old. He claims he was informed by doctors that his son was likely held in the scalding hot water in order to receive such severe burns.
In James’ initial call to 911 after the child was burned, he claimed that his son burned himself in the bathtub by messing around and turning the water on hot. The 4 year old spent 63 days at Shriner’s Burn Hospital in Galveston after he was flown there by life flight. Child Protective Services took custody away from Cheryl. After an investigation Davenport was granted custody and Cheryl was given visitation.
“He has had dreams that awake him at night. He remembers the helicopter,” says Davenport. Reports say that in 2003, James Fortune pled guilty to Felony Injury to a Child and was given six years deferred adjudication, however, he denies this report. James has released a statement regarding the lawsuit earlier this week, and recently released another. Here is his second statement:
“Several months ago I received a demand for payment from my stepson’s father for an injury to my stepson that occurred in 2001. In the midst of negotiating a settlement regarding that injury, I was served with a lawsuit and now my wife and I are defending ourselves in civil court. At no time in my life was I convicted of felony injury to a child. Following my step-son’s injury, there was a criminal investigation and all matters were resolved.
Since that time, my family and I, including my stepson, have maintained a continuous loving family environment. Although his father has maintained custody, Cheryl and I have enjoyed continuous uninterrupted open visitations with my step-son since 2001.
We are shocked by this lawsuit but understand people are free to use the court system to pursue matters, whether or not the claims are baseless. We are confident through this process, the ultimate decision maker will render an outcome that is just and fair. We believe in our American justice system and know that once all facts are made transparent justice will prevail in our favor.
This lawsuit is a direct result of our desire to continue the uninterrupted love, commitment and financial support as well as to protect the ongoing well being while enhancing the current living conditions of our son. We have given our stepson who is currently in our care during his summer break continuous support and understand these allegations are a direct result of not only our increased profile and financial viability but an individual’s desire to exploit such.
We intend to vehemently defend our right to protect our family while maintaining the character integrity and trusted core values the Fortune family has been blessed to exemplify.”
DO YOU THINK RODERICK IS ATTEMPTING TO EXTORT THE FORTUNES? OR DOES THIS SEEM LIKE A REASONABLE/LEGIT LAWSUIT?
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Will Perdue
June 28, 2012 at 10:27 AM
There is no way a child gets burned that bad by bad water and it’s not intentional. My heart goes out to the child but at a glance I’m dissappointed in the mother and James regarding this incident.
Robynne
June 28, 2012 at 1:54 PM
I find it hard to believe that the biological father waits until Mr. Fortune is now on top of the Gospel Music Charts and has an increased income now, decides to sue. I just don’t believe Mr. Fortune is guilty of this. My prayer is one will not be quick to judge, but to pray!!! God knows all and He will expose the truth!
Kyndra
June 29, 2012 at 2:25 AM
Then how do you think those injuries occurred?
Sarah
June 30, 2012 at 3:54 PM
James Fortune plead “No Contest” to all of the charges in court in 2001. He is definitely guilty of the charges and accepted full legal responsibility for it–whether you choose to believe it or not.
miranda ballard
September 18, 2012 at 10:46 AM
James Fortune received ” deferred adjudication”. “Deferred adjudication is a form of plea deal available in various jurisdictions, where a defendant pleads “guilty” or “No Contest” to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, or some form of community supervision, the defendant may avoid a formal conviction on their record or have their case dismissed.
It does not matter how long the parent waited, Mr. Fortune should have offered to pay, knowing he did this to his own child. Shame on Cheryl for staying with this man, and having other children with him. James Fortune needs to pay for what he did, gospel singer or not. I feel that James should have been convicted to the fullest point. This is sad just to know that we are brushing this situation under the rug as if it never happened.
Wondra
June 29, 2012 at 8:03 AM
Poor child, regardless of who, where, or why….this child was burned to badly to be an accident, and someone is responsible for it. I’m speechless……………
KJ
June 29, 2012 at 3:37 PM
Just a quick testimony. At 7 years old I was badly burned with hot water and it was me playing around in the bathroom that caused the scalding. It wasn’t my parents fault. I had 3rd degree burns on the right side my body from my shoulder to my thighs and I still have the scars to proof it. So let God be the judge and not your emotions.
Sarah
June 30, 2012 at 3:57 PM
As it is documented that the child suffered 2nd and 3rd degree burns on a significant part of his body, James Fortune is legal liable to pay for the surgeries to restore the boy back…and yes, it will probably be 5 million dollars in costs.
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