Christopher L. Musmanno Secures $1 Million Settlement for Family Following Injuries to Toddler at Daycare

Christopher L. Musmanno, Chair of the Accidents/Personal Injury practice and a Certified Civil Trial Attorney by the Supreme Court of New Jersey, secured a $1 million settlement on behalf of a young child and her parents following injuries the child sustained while attending a daycare center.

The child, who was 16 months old at the time, suffered significant injuries while in the care of a daycare employee. The incident prompted a law enforcement investigation and ultimately led to criminal charges against the employee.

The family’s civil claims alleged that the daycare center negligently hired and retained the employee and failed to properly supervise her while she was responsible for caring for children.

According to the allegations, the employee repeatedly struck the child’s head against a door frame during the course of the day. The incident was captured on surveillance video. The child suffered an occipital skull fracture and, because of her age, was unable to communicate what had happened.

The lawsuit also included claims on behalf of the child’s parents, who sought damages for the emotional and psychological effects of the incident. Since the event, both have undergone therapy and have experienced anxiety, sleep disturbances, hypervigilance, and difficulty concentrating.

The matter resolved for $1 million.

“Parents leave their children at daycare with the expectation that they will be protected, supervised, and cared for,” said Musmanno. “When an organization accepts that responsibility, it also accepts the obligation to hire carefully, supervise consistently, and respond immediately when something is wrong. Those safeguards exist because very young children cannot protect themselves or tell someone when they’ve been harmed.”