Lawsuit alleges Etowah DHR's negligence contributed to Aydah DiMaso's 2021 death

A lawsuit filed Sept. 29 in Etowah County Circuit Court alleges that the Department of Human Resources and its employees were negligent in protecting the interests of a Gadsden child who died two years ago, showing signs of abuse. 

Aydah Grace DiMaso, 3, was found dead in a bathtub at a home on Crestview Drive on Oct. 4, 2021. 

Her father, Nikolas Joseph DiMaso, was charged that night with capital murder in her death. Haley Dee Metz, listed as DiMaso’s wife by authorities at the time but as his girlfriend in the lawsuit, was arrested two weeks later and charged with aggravated child abuse. Both also are charged with conspiracy to commit aggravated child abuse. 

The suit, which seeks a jury trial and unspecified “punitive damages and costs,” was filed by Shundra Davis, Aydah’s grandmother, acting as the representative of her estate. 

It names the state DHR as an entity; individual case workers in Etowah, Cherokee and Jefferson counties; four “fictitious defendants” representing DHR employees who the suit alleges violated or misinterpreted laws or showed negligence that “proximately caused” the child’s death; and DiMaso and Metz. 

Birmingham attorneys Tommy James of Tommy James Law and Jeremy Knowles of Morris Haynes are representing Aydah’s estate. 

"This case represents an egregious failure of the system that is supposed to protect our most vulnerable children,” James said in a news release. “Aydah's death could and should have been prevented. We are seeking justice for Aydah and accountability for those whose conduct resulted in her tragic death."  

The suit contends that DHR knew of the child’s situation because of existing cases and multiple complaints involving her, but left her in the custody of DiMaso and Metz. 

Those complaints included allegations of neglect and abuse by DiMaso and Metz; filthy living conditions with animal feces and urine throughout the home; reported drug use, particularly heroin, by DiMaso, who the suit alleges was not drug tested; reports of sudden behavioral changes by Aydah; and reports that DiMaso was repeatedly absent and neglected the child’s care. 

It contends systemic failures and neglect kept the child in a harmful environment despite clear signs she was in danger. 

An email to Alabama DHR’s communications department requesting comment was not returned. 

Gadsden Police were called to the home on Oct. 4, 2021, after a family member sought a welfare check when DiMaso told them Aydah was unresponsive in the bathtub. According to the suit, a preliminary examination showed she’d been dead for some time and had both fresh and recent bruises on her body.  

The suit says Metz advised DiMaso to place the child in the tub to keep her body temperature warm, and that DiMaso confessed to “physically abusing Aydah, including forcefully slamming her to the ground and kicking her in the stomach.” 

It says the investigation showed “the abuse that ultimately caused Aydah’s death had been ongoing for at least three months,” and the autopsy report indicated the immediate cause of death was “blunt force trauma of the head,” but that the pattern of abuse in the preceding months “had caused her body to shut down.” 

According to the suit, the police investigation revealed “over 50 signs of trauma covering her entire body,” including healing arm and rib fractures, multiple scratch marks and a deep cut to a foot, and that her head was shaved. 

DiMaso and Metz both remain in the Etowah County jail without bond. According to the district attorney’s office, a tentative trial date of September 2024 has been set for DiMaso. 

"While these individuals must answer for their heinous actions, DHR’s repeated failures are equally at fault. We must hold every individual and entity responsible for this tragedy accountable,” James said. 

"This case is not just about Aydah; it is a wake-up call to every individual and institution tasked with protecting our children,” he said. “The system failed Aydah at every turn.  We owe it to her and every child in the system to ensure this never happens again. No child should suffer the way Aydah did.” 

A GoFundMe page set up for Aydah at the time of her death has raised more than $18,000.