Miami-Dade

  • Logout
  • Member Center

Civil Court

Dade jury awards parents of girl $3 million in abuse case at day-care

 

A jury awarded $3 million to a young girl who said she was sexually abused at a Miami-Dade County day care center. The center plans to appeal.

dmoskovitz@MiamiHerald.com

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.’’

dealsaver
The Miami Herald: Subscribe now!

More from
Miami-Dade

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

We have introduced a new commenting system called Disqus for our articles. This allows readers the option of signing in using their Facebook, Twitter, Disqus or existing MiamiHerald.com username and password.

Having problems? Read more about the commenting system on MiamiHerald.com.

Hide Comments

This affects comments on all stories.

Cancel OK
0 comments

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category