Faith Nixon of the Mobile office of Carr Allison recently obtained summary judgment in the Circuit Court of Baldwin County, Alabama on behalf of a church and daycare facility. The Plaintiff was a 2 ½ year old boy that attended the daycare. He was injured when he tripped and struck his neck on a toy. As a result of the fall, he suffered a fractured trachea. He was life flighted to USA Children’s and Women’s hospital and placed in an induced coma. He eventually recovered from the injury. The Plaintiff argued that it was the lack of supervision on the part of the daycare teacher that caused the fall and resulting injuries. Mrs. Nixon argued that the Plaintiff failed to present substantial evidence of any breach of the standard of care on the part of the daycare and that the fall was simply the result of an accident common to children of the Plaintiff’s age. The trial court agreed and granted summary judgment as to the Plaintiff’s claims for negligence and wantonness.
Faith Nixon is a shareholder in the Mobile office and can be reached at (251) 626-9340, fnixon@carrallison.com.
