Day Care Found Negligent in Sex Abuse Lawsuit To Face Another Claim

Mother of first victim said $3 million settlement is justice

By Sebastian Del Marmol
|  Wednesday, Jan 18, 2012  |  Updated 9:50 PM EDT
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A day after a jury ordered it to pay $3 million in damages to a victim of sex abuse, the troubles continue for a Miami day care center as attorneys announced they would be asking for a trial date in another similar case against the school.

A day after a jury ordered it to pay $3 million in damages to a victim of sex abuse, the troubles continue for a Miami day care center as attorneys announced they would be asking for a trial date in another similar case against the school.

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$3 Million in Damages Awarded in Miami Day Care Case

Defense attorney says he will file a motion for a new trial.

Alleged Daycare Sex Abuse Case

A jury heard opening statements on Tuesday in the civil lawsuit stemming from a 2008 case where a then-5-year-old girl alleges that she was sexually abused by the teenage son of a teacher at a Miami day care center.
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A day after a jury ordered it to pay $3 million in damages to a victim of sex abuse, the troubles continue for a Miami day care center as attorneys announced they would be asking for a trial date in another similar case against the school.

“We will be requesting a trial date in another case against the school. Same perpetrator, same time period. A classmate of the first victim,” said attorney Adam Horowitz.

The mother of the first victim appeared with her attorney Jeff Herman during a press conference Tuesday to discuss the jury’s decision in the original case. Her legal team read a statement on her behalf.

“We leave our children in schools and in day cares thinking that they will be safely cared for but that is not always the case,” read the statement.

“I feel better now than before. This has been very difficult for me, my daughter and my family. I am glad that justice has prevailed.”

Herman said the jury’s decision should send a message to all day care centers to follow rules and regulations already in place to make sure children are watched only by trained professionals.

Don Hardeman, the attorney for the Discovery Day Care Inc., said he was aware of the other case against his client as the disovery for that case, and an additional one, were filed at the same time as the first case.

As to claims from a second child that there was abuse, he was skeptical.

"We can demonstrate that she not even at the school when this alleged assailant was present," said Hardeman.

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