Child Injury Lawyer Blog
By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
On June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother’s home, may be entitled to coverage under her homeowner’s insurance policy. The California high court’s decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the “intentional acts” exclusion provision of the policy clearly precluded coverage for the claim against the son.
Joshua J. Werner, a 25-year-old Wisconsin man, was sentenced in Wood County Circuit Court to 1 ½ years in prison and another 7 ½ years for second-degree reckless injury of a child. Wood County Judge, James Mason, imposed the maximum sentence upon Werner as well as 7 years of extended supervision. Werner was convicted of what some experts determined as the worst case of physical child abuse they had seen. Werner was convicted of physically abusing his, now, 2-year-old daughter. According to the criminal complaint filed on August 18, 2008, the child was admitted with a broken leg to Riverview Hospital where official contacted authorities about the possible child abuse of the baby. The infant was then transferred to the Children’s Hospital of Wisconsin in Milwaukee. There, doctors found more broken bones; specifically, 20 broken ribs, broken collarbone, leg, finger, toe and vertebrae fractures. The mother of the child, Nancy Hetze-Werner, 32, initially told authorities that a dog was responsible for the child’s injuries. However, she later admitted that the infant had been alone with Werner. Werner’s defense attorney, Richard Bender, argued Werner’s own experience with childhood abuse, coupled with an IQ in the 65 to 75 range compromised Werner’s judgment and emotional control. To read more about this article see 
A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend’s child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see 
Judy Alvis Harper, 60, former owner of the Palmer-Leigh Small World Day Care Centerin Greensboro, North Carolina, will spend a minimum of 16 months in jail for the death of 16-month-old, Jackson Edmonds. Edmonds died of hyperthermia last March after Harper left the child in a car in the drive way of the day care center. North Carolina State officials closed the day care center the week the death occurred, declaring the day care center to be an unsafe, unhealthy and injurious environment. Harper also received a suspended sentence and supervised probation. You can read more about this incident at 
A Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see 
“
A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).
Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience.
Parents hire babysitters to watch and supervise their children. In most instances, the babysitter does a great job and there are no problems during the babysitting job. Unfortunately, there have been many incidents reported in which a babysitter intentionally or accidentally caused harm to a child. In Auburn, Washington, it was reported that a baby sitter has been charged with causing serious personal injuries to a 9 month old child under her care. Law enforcement officials have charged Dotty Reed with the crime of first degree child assault. The charges stem from an incident in which investigators and prosecutors believe that Reed slammed the boy’s head on the floor. This act was believed to be done out of frustration. The child was later examined by medical doctors at Seattle Children’s Hospital. Medical doctors diagnosed the child with a severe brain injury. It was reported that the mother found this babysitter on Craigs List. For more information regarding this incident, see 
In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.