PITTSBURGH – Parents say the negligence shown by their day care center resulted in their then-eight-month-old child falling from a changing table and suffering a broken right leg.
C.M. (a minor, by and through his parents and natural guardians), John Munoz and Lisa Munoz, all of Pittsburgh, filed suit in the Allegheny County Court of Common Pleas on Nov. 30 versus Community United Methodist Church (doing business as “Community Child Development Center”) of Aspinwall, Beverly Hood of Pittsburgh and Stacy DeAngelis of Aspinwall.
The plaintiffs brought C.M. to the Community Child Development Center and placed him in the care of Hood and DeAngelis.
“On Nov. 27, 2018, C.M. was on the diaper changing table at defendant daycare under the care of employee defendant DeAngelis. Defendant DeAngelis admittedly turned away from C.M. while he remained unattended and unsupervised on the changing table, which was several feet high. While defendant DeAngelis turned away for a period of time and while he was left unattended and unsupervised on the diaper changing table, C.M. fell to the ground and suffered significant injuries,” the suit says.
“Defendants DeAngelis and Hood continued their duties throughout the day and later returned C.M. to his parents at the end of the day. On the daily report slip, which details how C.M. performed that day and gives an opportunity for the defendants to report any issues with the minor child, the defendants failed to indicate an incident involving C.M. that day.”
The plaintiffs say they discovered the injury to C.M. as he remained fussy and cried through the night, and was tender to the touch on the morning of Nov. 28, 2018.
“The next day, plaintiffs John and Lisa Munoz took C.M. to the emergency room, where he was diagnosed with an acute right femur fracture. At no time did defendant day care, DeAngelis or Hood document the injury to C.M. or notify the parents of the injury to C.M. As a direct and proximate result of the violent fall, plaintiffs sustained injuries,” per the suit.
“As a direct and proximate result of the careless, reckless and negligent conduct of defendants, plaintiff C.M. suffered serious injuries, including: Leg pain, lower extremity pain, overall pain, dizziness, listlessness, femur fracture and femur pain.”
For counts of negligence and civil conspiracy, the plaintiff is seeking damages in excess of $35,000, punitive damages and interest sufficient to compensate for past and future damages resulting from the injury, costs, attorney’s fees and for any other relief as the Court may deem apppropriate, plus a trial by jury.
The plaintiffs are represented by Frank C. Walker II of Frank Walker Law, in Clairton.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012137
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com