REPUBLIC, Mo. — The parents of a Republic 1-year-old who allegedly suffered serious injuries at a home day care filed a lawsuit this month against the day care operator.
Shane and Sara Barnhart sued Samantha Dillbeck on Jan. 3 claiming Dillbeck was negligent in allowing the Barnharts’ young son Grayson to be injured while he was in Dillbeck’s care.
Previous news reports list the name of Dillbeck’s day care as M&M Daycare. The lawsuit refers to the business as Gingerbread Express Daycare Center.
The lawsuit also claims Sara Young, the owner of the home where the day care operated, is liable.
Police say in March the then-8-month-old Grayson suffered a serious head injury at the day care and was rushed to the hospital.
The lawsuit claims Grayson suffered “temporary and permanent mental disability.”
Joshua Roberts, a Springfield attorney who is representing the Barnharts, said Grayson spent about a week in the hospital after the injury and he has had several follow-up appointments.
Roberts said Grayson made a “miracle” physical recovery, but doctors won’t know for years if the boy suffered any long-term developmental damage.
Roberts said the Barnharts have substantial medical bills and that prompted them to think about filing the lawsuit.
“To get a complete justice, they felt that they needed to examine all aspects of recovery, including the civil side,” Roberts said.
Dillbeck, 29, has been charged with felony child abuse in connection with the incident.
A probable cause statement used to charge Dillbeck in criminal court says doctors told police Grayson had suffered “at least two separate episodes of violent abusive head injury.”
Dillbeck told police the child fell over from a seated position, but a doctor found that story implausible, according to the statement.
Police also say Dillbeck broke rules about running an unlicensed day care by having more than four unrelated children in her care.
The criminal case is moving through the court system. A trial has not yet been scheduled.
The Barnharts are not asking for a specific dollar amount in their lawsuit against Young and Dillbeck.
Young and Dillbeck do not have attorneys listed for this case. Attempts to reach them for comment Monday were not successful.
(Story shared by Springfield News-Leader. Read the original article here.)