The Haggard Law Firm’s Pedro Echarte has obtained a $1 Million policy limit settlement in a case involving the sexual assault of a minor at an Orange County, Florida daycare. The parties, insurance carriers, defense counsel, date of loss, and school where the incident occurred are confidential.
Echarte represented the parents of a 7-year-old child, who was molested by an older student during an after-school care program that was operated by the defendant (a private entity). The incident occurred in a bathroom in the school’s cafeteria during after-school care hours. Both students were enrolled in the after-school care program at the time of the incident.
The allegations against the defendant centered around the defendant’s staff’s failure to properly supervise the children in the program.
The Haggard Law Firm alleged that the counselors failed to properly supervise the children by allowing them to go to the bathroom for too long without checking on them. In addition, Echarte alleged that the Defendant violated its own policies and procedures by allowing a student to go into the bathroom without sending them with a student of their own age and also violated a policy against allowing older students to go the bathroom at the same time as younger students.
The Defendants denied that they were negligent and contended that the amount of time the students were in the bathroom (5-7 minutes by their own estimate) was not unreasonable.
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