Ravell Call, Deseret News Archives
Chuck and Judy Cox hug at their home in Puyallup, Washington, Monday, Feb. 6, 2012, the day after their grandsons died in a fire at the hand of Josh Powell, their son in law.

TACOMA, Wash. — A judge is refusing to dismiss a wrongful-death lawsuit brought against Washington state by the maternal grandparents of Josh Powell's children.

Chuck and Judy Cox, the parents of Josh Powell's missing wife, Susan, say in a lawsuit that state social workers did not do enough to keep the boys safe from their father. When a state worker delivered 7-year-old Charlie and 5-year-old Braden to Powell's home in 2012 for what was supposed to be a supervised visit, Powell locked out the worker and ignited a fire that killed him and his sons.

The News Tribune reports that at a Friday hearing an attorney for the state said the Coxes lawsuit was without merit. However a Pierce County Superior Court Judge denied a motion for a summary judgment, saying the case should be heard by a jury.

Josh Powell was a suspect in the 2009 disappearance in Utah of his wife, Susan Powell.