PHILADELPHIA – Claims filed against a daycare center for injurious negligence in the case of a man whose daughter broke her arm at that same daycare have been dismissed without prejudice, per a mutual agreement from all parties concerned.
On Nov. 8, a mutual stipulation of dismissal was filed to that effect and that Brightside Academy, Inc. was substituted as the proper-named defendant and the case caption was amended similarly. As a result, Brightside Academy and Brightside Academy Philadelphia, LLC are no longer parties to this action.
Earl Grier (parent/natural guardian of minor, K.G.) of Montgomery County first filed suit in the Philadelphia County Court of Common Pleas on July 23 versus Brightside Academy, Inc., of Pittsburgh.
According to the lawsuit, Grier’s daughter was enrolled in Brightside Academy for early education and childcare.
“On or about Dec. 27, 2016, plaintiff’s daughter K.G., while unsupervised at Brightside Academy, fell and was seriously injured. The minor child’s mother was notified of her injury and then she arrived at the school to take K.G. to the hospital. At the time of the accident, plaintiff’s daughter K.G. was exclusively in the care of Brightside Academy. She was a toddler at the time of the accident and required constant supervision. Had she been properly supervised, she would not have fallen and injured herself as she did. Plaintiff’s injuries are solely the result of the defendants’ negligence and due in no measure on the part of the plaintiff,” the suit states.
In the fall, K.G. suffered a left humerus fracture and soft tissue swelling, nervous system shock, emotional distress and great physical pain and anguish, the suit claims.
Grier argued the defendants were negligent in allowing K.G. to be in a position to be injured, allowing for conditions to exist that would lead to the injury of plaintiff’s minor child, failing to properly supervise and monitor plaintiff’s child to prevent injury and failing to train/instruct/supervise its employees with respect to child safety regulations, among other injuries.
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, costs, fees and any further relief deemed just and proper.
The plaintiff is represented by Leonard R. Parks and Ramon D. Townsend of the Law Office of Parks & Associates, in Philadelphia.
The defendants are represented by Eric J. Bronstein of Lewis Brisbois Bisgaard & Smith, in Wayne.
Philadelphia County Court of Common Pleas case 180702499
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com