Since the incident, the child has struggled with impulsivity, unprovoked aggression, and some loss of balance, and, most importantly, his doctors have stated a need for some level of lifelong medical care.
Charleston, SC (PRWEB) June 02, 2016
Charleston, South Carolina-based law firm Yarborough Applegate achieved a $1 million settlement against a daycare in Lancaster County Circuit Court for a child who allegedly suffered a strangulation injury at daycare.
According to court documents, a daycare teacher took a group of 3- and 4-year-old students to the playground and distributed the contents of a box of toys that included jump ropes, among other things, and sat on a bench as the children played. She was the only adult present at the playground. The teacher did not notice a rope allegedly being taken to the top of a slide, then being looped around the railing of the slide’s platform, or next being looped around a 3-year-old’s neck. It was after this, the suit claimed, that the 3-year-old slid down the slide with a rope around his neck, unnoticed by the daycare teacher.
The suit claims the teacher did not notice anything wrong until she saw the child hanging motionless on the slide by the jump rope. According to court documents his face was blue and he did not appear to be breathing.
According to court documents, at the hospital, the child experienced seizure activity, posturing, and clenching of the teeth, all consistent with a hypoxic brain injury. The child spent several nights in the hospital before being discharged to the care of his mother. He had sustained a strangulation injury with oxygen deprivation to his brain. Since the incident, the child has struggled with impulsivity, unprovoked aggression, and some loss of balance, and, most importantly, his doctors have stated a need for some level of lifelong medical care.
According to court documents the settlement resulted from the insurance company for the daycare, Philadelphia Indemnity Insurance Company, General Liability Coverage Policy No. PHPK986615, tendering the policy limits for a release of all claims and dismissal of the lawsuit. The settlement was approved after a hearing by Circuit Court Judge Brian Gibbons on April 20, 2016.
SETTLEMENT REPORT – PERSONAL INJURY
Amount: $1 million
Case name: Brazzell v. The Burbee Place Daycare, Inc.
Court: Lancaster County Circuit Court
Case No.: 2014-CP-29-00048
Date of settlement: Approved April 20
Attorneys for plaintiff: David Yarborough and David Lail of Yarborough Applegate in Charleston and Kenneth Berger of Columbia
ABOUT YARBOROUGH APPLEGATE
Yarborough Applegate represents individuals who have been catastrophically injured or killed as a result of the negligence of others. With their clients’ best interests in mind, Yarborough Applegate advocates zealously on their behalf to provide every legal remedy available. Visit their website for a complete list of practice areas. Contact them at 843.972.0150, info(at)yarboroughapplegate(dot)com, yarboroughapplegate.com or at their office, 291 East Bay Street, Floor 2, Charleston, South Carolina 29401.