Sossity Laleman filed suit against Carrousel Too Day Care claiming her four-year-old son suffered severe emotional distress at the Granite City day care on July 31, 2006.
The suit filed in Madison County Circuit Court Feb. 13, also names John Welle, a day care employee, as a defendant.
Laleman claims Welle acted with extreme and outrageous conduct when he allegedly pinned her son Jordan to the floor with his foot on his neck while shouting at him in a loud and menacing manner.
"John Welle knew that there was an extremely high probability that his extreme and outrageous conduct would cause the minor severe emotional distress," the complaint filed by Collinsville attorney Mark Levy states.
Laleman claims the day care owner, Jane Tolhurst, had a duty of due care to Jordan with respect to the hiring of safe, non-violent employees to work at the day care.
She claims Tolhurst failed to properly investigate Welle's previous work history and hired him to work at the day care despite his previous history of uncontrolled anger and violence.
Laleman claims Jordan suffered extreme physical pain to his neck and suffered severe emotional distress.
She is seeking a judgment in excess of $150,000, plus costs.
The case has been assigned to Circuit Judge David Hylla.
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