Mother's suit alleges child hurt while at day care

Kelly Holleran Nov. 25, 2008, 9:18am

A Beaumont woman has filed suit against Louise Hill and Hills Children Nursery individually and on behalf of her 19-month-old daughter, alleging her daughter was seriously injured after she fell while at the day care.

Jasmine Dabney was at Hills Children Nursery on Dec. 1, 2006, when she fell due to the day care's "failure and/or refusal to provide adequate care, employees, supervision or safeguards," the suit filed Nov. 21 in Jefferson County District Court states.

Because of the fall, Jasmine suffered severe and traumatic injuries to her head, neck and body, the suit states.

The toddler also incurred medical costs, past and future physical pain and suffering, past and future mental anguish, past and future physical impairment and past and future disfigurement, Jasmine's mother, Brandace Dabney, claims.

Brandace incurred medical expenses and past and future mental anguish, according to the complaint.

Louise Hill, who owns the day care, and Hills Children Nursery breached their duty to keep the premises safe by failing to maintain an adequate number of staff or employees, failing to maintain an adequate number of trained staff or employees and failing to require the staff or employees to use size-appropriate high chairs, Brandace claims.

Brandace is seeking a judgment for damages within the jurisdictional limits of the Court, plus prejudgment interest at the maximum rate, post-judgment interest at the legal rate, costs and other relief to which she may be entitled.

Kent W. Johns of Beaumont will be representing her.

The case has been assigned to Judge Bob Wortham of the 58th District Court.

Case No. A182-751

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