A Miami-Dade jury has awarded a $3-million verdict to a 9-year-old girl whose family said she was the victim of sexual abuse at a day-care center.
The girl’s lawyers said she was molested multiple times in 2008, when she was 5 years old, at Discovery Day Care, 3153 SW 67th Ave.
Her attacker, they said, was the 13-year-old son of the center’s then-director. The youth was left alone with the children during nap time.
The center’s lawyer denied the allegations.
After hearing both sides, the jury found that Discovery was negligent.
“This girl’s youth was stolen from her,” said attorney Jeff Herman, whose firm announced the verdict Wednesday. “They could see this previously was a very carefree young girl who’s now in this trauma.”
The center’s lawyer, Donald Hardeman, said Discovery will fight the ruling and ask for a new trial. If a new trial isn’t granted, the center will appeal.
“We think the judge allowed some subject matter into evidence that we think was erroneous and prejudicial,” Hardeman said.
The civil suit was filed in 2009 and asked that the center be held responsible for failing to provide supervision and keep the child safe.
Court documents said the attacks happened during mandatory nap times.
“There’s no need for new laws here. There are laws on the books that they simply chose to ignore,” Herman said.
Discovery is still in business. Herman said the director whose son was accused of the abuse has left.
Because the accused attacker was 13, his juvenile court records are private.
The teen denied the allegation, attorney Adam Horowitz said. However, jurors also heard from a therapist who said the attacker confessed while in therapy.
Hardeman said the daycare’s position is that the circumstances for the abuse to happen did not exist, and that employees testified that children were never left unattended.
Two more related civil suits remain against the center, Herman said – one from a girl who saw the abuse, and another child who claims to be a victim of abuse.
“A daycare is a place where parents should be able to entrust adults with the safety of their children,” Horowitz said. “Unfortunately, that didn’t happen here.’’



















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