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Susan Powell’s family wins an appeal allowing a lawsuit over the death of her children to go to trial

The family of missing West Valley woman Susan Cox Powell won an appeal from the 9th U.S. Circuit Court of Appeals, which now allows them to continue in a lawsuit over the death of her children.

According to FOX 13, the ruling Thursday afternoon reversed a lower court ruling that denied Judy and Chuck Cox the chance to sue Washington State Department of Social and Health Services over the 2012 deaths of Susan’s children, Charlie and Braden Powell.

“Material issues of fact exist regarding whether DSHS used reasonable care to avoid placing the boys in harm’s way,” wrote Judge Leslie Kobayashi.