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James T. Crouse
James T. Crouse
Attorney • (919) 861-0500

An Unnecessary Child’s Death – Jury Awards Mother $1.5M

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A Madison County Circuit Court jury has awarded a mother $1.5 million in the death of her 22-month-old son in December 2008.

Her son was in day care at Lambuth Memorial Preschool in Jackson, Tennessee when the incident occurred. He died as a result of choking on a piece of sliced peach during lunch.

Of course no amount of money will bring back the child she lost, but the mother hopes the victory will send a clear message to care givers that they must follow the rules and if they don’t they will be held accountable.

The guidelines from the Department of Human Services states on page 6 that during mealtime: An adult must be in the direct sight and sound of children ages six (6) weeks through five (5) years, not in kindergarten, while the child is eating.

The lawsuit alleged this was did not the case for the young toddler. The lawsuit also alleged Lambuth neither provided one teacher for every six children as the state requires nor did they cut up the food in a size appropriate for a 22-month-old.

The preschool remains open following the incident