Child Injury Lawyer Blog

By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Police officials in Clayton County, Georgia investigated the death of a 2 year old girl (Jazmin Green) and received authority to make three arrests just one day following the unfortunate, tragic, and preventable death. Authorities arrested Marlo Maria Fallings, Quantabia Shantell Hopkins, and a juvenile. The charges included the following: involuntary manslaughter, cruelty to children, and reckless conduct involving the death of Jazmin Green. Jazmin Green went on a field trip with other children from the Marlo’s Magnificent Early Learning Center near Jonesboro, Georgia. The simple field trip to Chuck E. Cheese resulted in the death of an innocent 2 year old girl.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Jonesboro, Georgia, a toddler (Jazmin Green – age 2) died because she was left in a hot day care van while staff members and other children were inside a Chuck E. Cheese restaurant. What went wrong? The simple is answer “Everything went wrong.” By having a policy in place that is followed, tragedies and deaths of this nature can be and will be avoided. A driver’s log should have each and every child on the list when the day care van departs the day care facility. Upon arrival, a roll call should be taken while the children and staff are on the van. Every person should exit the van with another roll call. Then, there should be a sweep or walk through of the van by one staff member and then another sweep or walk through by another staff member to make sure the van is empty. When the children enter the restaurant or field trip location, another roll call should be taken. There are no additional costs and no expensive equipment necessary for such a safety measure – just a pen and a piece of paper. Tragically, Jazmin Green died because such safety measures were not followed by the day care center – Marlo’s Magnificent Early Learning Center. As a result, a family is in shock and grief over the tragedy. The phone call and subsequent hospital visit by Jazmin’s mother, April McAlister, were two things that a mother should never experience. The mother was informed upon arrival at the hospital that Jazmin was in cardiac arrest. A 2 year old in cardiac arrest – this is something that should have never – never happened. See Child Dies After Being Left in Jonesboro Day Care Center Van.

The family of Jazmin Green can proceed with a wrongful death case against the day care center and staff. This would be a civil proceeding or a civil lawsuit for damages sustained by mother and father for the untimely and negligent death of Jazmin Green. There may also be a criminal proceeding or criminal case that results from the incident. The criminal case would be handled by by the local prosecutor and local law enforcement. There are different standards of proof and different laws in place for civil and criminal cases. For a civil case, the focus would be the negligent conduct of the day care center, failure to follow State day care policies and procedures, and failing to following day care policies and procedures. The criminal case (if one is filed) would depend on the Georgia laws in place and the standards or elements of the crime. Typically, the standard or burden of proof for a Georgia criminal case is greater than that of a civil case for the same set of facts.
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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Clayton County, Georgia, a 2 year old toddler died after being left in a day care center van during a field trip to Chuck E. Cheese. The child was alone in the day care center van while the staff and other children were inside the restaurant / entertainment facility known as Chuck E. Cheese. When the child was later found, she was transported to Southern Regional Medical Center but she did not survive the hyperthermia / heat exposure of being left in the day care center van. An autopsy will be conducted to determine the cause and preventability of this child’s death but it appears that the child died as a result of the unbearable heat of the summer in Georgia which was made much worse by being left in the day care center van.

By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Minnesota Day Care Centers – What Laws Apply to Outdoor (Playground) Play Space? Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0425 as to Physical Environment including Outdoor Play Space. Pursuant to Subparagraph 2. Outdoor Play Space, there must be at least 50 square feet per child in attendance of play space at the day care center or adjacent to the day care center in the form of a park or other play space available for the regular use of the children. On-site supervision is required by the Minnesota child care providers for children who are younger than school age when the play area is not adjacent to the residence. Depending on the traffic, water, and / or other hazards in or near the outdoor play space, an enclosure in the form of a fence or other barrier may be required. For safety reasons, the area must be free of litter, toxic items, water hazards, machinery, and other items that may cause potential harm or risks to the children in the outdoor play space.