This court ruling bites-
The 1st District Court of Appeal has upheld a lower-court judgment to award $7 million to the family of a girl who was attacked and injured by a toddler at the Cradle to Crayons child-care center.
However, it’s uncertain whether the family will ever collect because the child-care center didn’t have liability insurance, according to David Frank, a Tallahassee attorney representing the family.
The girl was 7 months old at the time. According to affidavits from two state investigators, she had 15 to 20 teeth impressions on her skin and bruises and swelling all over her body.
The investigators concluded that the attack had happened over an extended period of time, according to court records. They said it was clear to them that there was a “gross lack of supervision and that the facility was inadequate to accommodate the safety needs” of the children who stayed there, court records state.
The girl’s parents sued the child-care center and the owner/operator, Keisha Davis. A Leon County jury awarded the $7 million in damages after a one-day trial Jan. 22, 2008. Davis didn’t attend the trial.
$7 million in damages for bites. What drugs was that jury taking?
You may ask the same thing about the appellate court.
The child-care center appealed and sought a new trial, arguing that the lower court erred in allowing the parents to seek punitive damages, which totaled $6 million. Florida law allows punitive damages in cases involving intentional misconduct or gross negligence.
The DCA, in an opinion issued Thursday, said the child-care center failed to appear in lower court to contest whether punitive damages could be sought.
I wish the defendants good luck collecting anything. The owner will most likely end up bankrupt because of the judgment. I don’t know from this distance if that’s a fair trade for what was done to the seven-month-old. How much long-term damage can a bite do?
I got a bone to pick with how Associated Press reported this story.
An appellate court has upheld a $7 million judgment against a Tallahassee day care center for the parents of a 7-month-old toddler found with bites, bruises and swelling across her body.
A 7-month-old is not a toddler. She is an infant. That is what a child is called up to their first birthday. The term toddler refers to a child 12 to 36 months old.
It just shocks me with those multiple layers of factcheckers and editors, that such an obvious mistake can be made by a member of the media.
Update- If a Tallahassee jury awards 7 million for bites, how much would they award the family of this girl.