The plaintiffs were the parents of a baby who died several hours after they dropped the baby off at a family-run daycare facility. The baby was sleeping peacefully in his car seat when he was dropped off. The baby was never taken out of the car seat and found dead several hours later.
The daycare denied any liability, claiming that the death was a mystery and there was nothing that the operators could have done to prevent it.
Winer, McKenna & Burritt, LLP were retained by the parents and were able to establish that even though the cause of death was unknown, the operators of the daycare center failed to adequately check on the baby. If they had checked, there probably would have been time to call for emergency aid.
The case was tried by Winer, McKenna & Burritt, LLP, and the trial judge awarded $1,500,000.
Judgment on behalf of plaintiffs, $1,500,000