A grief-stricken mother appeared in Florida court to assert her claims against a day care center and a reckless driver, whom she says caused the death of her toddler. The woman filed her complaint in Orange County circuit court.
The wrongful death claim alleges that the woman’s four-year-old daughter was at the day care facility, KinderCare Learning Center, on April 9, 2014, when the tragic incident occurred. The defendant driver lost control of her vehicle and smashed into the back of a second car. The second car went into the day care center’s parking lot and drove directly into the building. The second car smashed through the wall of the building and actually entered it.
The woman’s complaint alleges that because the speed limit of the road next to the day care was 45 miles per hour, it was foreseeable that a vehicle might smash into the structure. In fact, the complaint further claims that other incidents of vehicles smashing into KinderCare Learning Centers have happened before. As such, the grief-stricken mother is claiming that the day care facility had the responsibility of protecting her daughter and other children attending the school.
Due to the fact that this horrible accident occurred on school property and it involved a potentially negligent driver, the case initiated by the mother included two defendants, the driver and the school. It is not uncommon for personal injury and/or wrongful death claims to include two defendants. Depending on the facts of a personal injury or wrongful death case involving multiple defendants, Florida courts may choose to split liability for financial damages between multiple parties.
Source: Courthouse News Service, “Mom Sues Daycare Center Over Tot’s Death,” Monica Pais, Dec. 15, 2015