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Palm Beach Wrongful Death Lawsuit Filed Against Day Care Center and Driver After 2-Year-Old is Left in Van

The family of 2-year-old Haile Brockington is suing Katie's Kids Learning Center and the driver of the day care van that she was left in for Palm Beach wrongful death. They are seeking unspecified damages for their mental pain and suffering, medical costs, and funeral expenses incurred as a result of the little girl’s passing. Haile died on August 5 after she was left in the van for several hours during the day. The vehicle had picked Haile and two of her siblings up at around 8:30 am to take her to the Delray Beach day care center. While the other children either got out or were taken out of the van when they were dropped off at the center, Haile, who would have needed help unbuckling her car seat, was left in the vehicle. The temperature at 2pm that day would hit 91 degrees. It wasn’t until around 4pm when the other kids were getting back in the van so they could be transported him that one of them, age 5, found Haile. The child tried to wake up Haile up, but she remained unresponsive. The driver tried to administered CPR to Haile without success. The 2-year-old had died from hyperthermia. The family says that it was police and not the day care center that notified mom about Haile’s death. In their Palm Beach wrongful death complaint, they are accusing the day care center of active negligence and vicarious liability, including leaving Haile strapped in the car in hot weather, improper training of its employees, and numerous other negligent acts. They are accusing the van driver, “defendant Amanda,” of failing to keep an accurate driver’s log, neglecting to make sure that all of the kids got out of the van, not physically taking Haile out of her car seat, and other acts. The family also contends that although the drivers are supposed to keep an updated transportation log, they had forged Haile’s mother’s signature on it in the past. They contend that the bus and day care had forgotten other children on the bus before. Florida Wrongful Death Day care centers, schools, summer camps,recreational centers, and parties responsible for the care and supervision of children can be held liable for Palm Beach personal injury or wrongful death if their negligence contributed to a child getting hurt or dying under their watch. As the parent or guardian, it is important that you explore your legal options. Delray day care center reopens more than a week after 2-year-old's death, Sun-Sentinel, August 16, 2010 Read the Wrongful Death Complaint (PDF) Related Web Resources: Florida Wrongful Death, Florida Statutes, Florida Senate.gov Wrongful Death, Nolo

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