MIAMI, FL—A $3 million verdict was rendered against Miami-based Discover Day Care Inc. in connection with the alleged sexual assault of a child at the day care facility in 2008, NBC Miami reported. The lawsuit claimed the sexual abuse occurred after a teacher at the Miami day care facility placed her then-13-year-old son in charge of supervising the children during her lunch break.
According to information provided, the alleged child sexual assault victim—who was only five years old at the time of the alleged attack—testified that the teacher’s son sexually abused her during “nap time.” The sexual abuse lawsuit—which initially sought $25 million in damages on behalf of the victim and her family—claimed negligence on the part of Discover Day Care Inc. on the basis that the children were not under adult supervision when the illicit sexual encounter allegedly occurred.
The teacher’s now-17-year-old son was initially charged with sexual abuse, he pleaded no contest and was sentenced to counseling. While the jury was not aware of the said outcome of the criminal case as the civil trial was underway, three of the teen’s court-appointed therapists testified that the teen did indeed confess to inappropriately touching the young girl. According to one of the counselors, “He admits to touching her vagina.”
A defense attorney on the case told reporters he would file a motion for a new trial.
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When accidents and crimes take place on someone else’s property, that someone needs to take responsibility. Too often, property owners and managers deny their responsibility. At shopping centers, hotels, apartments and condominiums, and all public events, people have a legal right to be reasonably safe from foreseeable harm and criminal victimization.