Posted by Sheli Muniz - email
DELRAY BEACH, FL (WFLX) - A 10 page lawsuit has been filed against Katie's Kids Learning Center, Incorporated and the van driver who is only known as Amanda.
In the lawsuit, the parents of little Haile Brockington say they want a jury trial.
We learned for the first time, Haile and her four other sisters were enrolled at Katie's Kids this past March. They are picked up most mornings at 10 a.m.
The van driver, Amanda, just started picking up only three of the family's five girls the second week of July.
This complaint alleges driver, Amanda, was alone in the van with no other help and the drivers at Katie's Kids often forge or sign Haile's mom's name on van records.
The lawsuit says there have been prior incidents where kids have been left on the vans and left at schools.
The lawsuit says the temperature outside the van the day Haile died was 91 degrees.
It says Haile was not found until the end of the day by a 5-year-old who got in the van and tried to play with Haile, but Haile wouldn't wake up.
Family attorney Andrew Yaffa says, "The evidence in this case is going to show that the logs include a whole lot more than just mistakes. You're going to find there are falsified records in this case and this case is going to expose many horrific practices that were occurring on a ongoing basis. Unfortunately, for this baby, she got caught and mixed up in this mess."
The three counts against Katie's Kids are active negligence for failing to obey state laws in regards to daycare van rules, and failure to train their staff. Also, vicarious liability and negligence.
The lawsuit says the family wants a jury trial and payment for funeral, medical expenses and mental pain and suffering.
At this time, no criminal charges have been filed.