Lawsuit claims Tutor Time child care in Bethel Park destroyed video of infant's head injury

By Noddy A. Fernandez | Jan 8, 2019

PITTSBURGH — Parents of a minor are suing a learning center, citing alleged negligence.

Nicholas and Mary Beth Rhodes, individually and as parents and natural guardians of W.R., a minor, filed a complaint on Dec. 20 in the Allegheny County Court of Common Pleas against Tutor Time Child Care Learning Center at Bethel Park, alleging the defendant failed to cooperate with the police and destroyed evidence in a willful and wanton manner.

According to the complaint, on Sept. 9, 2017, Nicholas and Mary Beth Rhodes noticed that the left side of W.R.'s head was bulging, soft and squishy. Minor plaintiff was taken to her pediatrician as she continued to behave in a quiet and less active manner, the suit says.

Minor plaintiff was diagnosed as suffering from a skull fracture that parents allege happened while she was at defendant's learning center. However, despite plaintiffs' desire to know the cause of injury, defendant allegedly changed its story regarding the presence of surveillance cameras and refused to talk to the detective assigned to the case. 

As a result, plaintiffs have been forced to expend considerable sums of money for medical treatment and transfer to new child care provider, and endured great pain, inconvenience and mental anguish, the suit says.

The plaintiffs hold Tutor Time Child Care Learning Center at Bethel Park responsible because the defendant allegedly failed to provide a safe environment for caring for a 7-month old infant and destroyed video recordings, thereby preventing determination of the exact cause of the minor's injury.

The plaintiffs request a trial by jury and seek judgment for damages in a sum in excess of the jurisdiction''s limit for compulsory arbitration, plus costs of suit and punitive damages. They are represented by Craig Fishman of Shenderovich, Shenderovich & Fishman PC in Pittsburgh.

The Allegheny County Courts of Common Pleas Case No. is GD-18-016984.

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Allegheny County Courts of Common Pleas Shenderovich, Shenderovich & Fishman PC

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