$550,000 Settlement Reached in Child Assault Case at Local Daycare
A significant legal settlement has been reached following the traumatic events experienced by a 4-year-old child at a local daycare.
On September 19, 2017, the child, who had attended the daycare/school since she was 2 years old, was subjected to physical abuse by her lead teacher while in her classroom. This incident was captured by a classroom surveillance camera.
The footage reveals the lead teacher circling the classroom erratically, kicking chairs, and handling the children roughly. The child’s chair was kicked, her head was forcibly shoved to the side, and she was pulled out of her chair by her arms before being shoved back into her seat and pushed into a table. Throughout these assaults, a teacher’s aide was present in the classroom. The child is visibly crying after the incident.
When the child's mother arrived to pick her up, the child expressed pain and indicated that something had happened. The lead teacher falsely claimed that the child had hit her and that she accidentally fell on the child. Despite the parents’ request to view the classroom footage, they were not allowed to see it until the end of the week. Upon viewing the footage, the parents immediately withdrew their daughter from the daycare and reported the incident to Child Protective Services. The teacher was subsequently found guilty of assault.
Following the assaults, the child suffered physical and emotional trauma, including pain in her arm, bruising on her abdomen, and hives outbreaks. She was later diagnosed with post-traumatic stress disorder (PTSD) and trauma-based anxiety, experiencing symptoms such as hives outbreaks, nightmares, bedwetting, and an extreme fear and distrust of adults. These conditions significantly impacted her school performance and social development, necessitating an Individualized Education Program (IEP)/504.
A team of Blankingship & Keith partners, Amy L. Bradley, Peter S. Everett, and Chidi I. James, along with associate M. Barkley Horn and Youjin Law Group partner Y. Kris Lee, represented the parents in this case. The legal team successfully brought the case to mediation, resulting in a $550,000 settlement. Experts verified that the child's symptoms were consistent with severe and ongoing PTSD caused by the trauma she experienced. At 10 years old, she continues to suffer from many of these symptoms.
This settlement underscores the importance of vigilance and accountability in educational settings to ensure the safety and well-being of all children.