Madison - St. Clair Record

Saturday, December 7, 2019

Hearing set for next February in three year old lawsuit over claimed day care injury

State Court

By John Breslin | Dec 4, 2019


EDWARDSVILLE - The next hearing in a legal action accusing a day care center of negligence that first began more than three years ago will take place early next year.

A case management conference before Madison County Circuit Court Judge Dennis Ruth is listed to take place on Feb. 26, 2020, in the action taken against Five Star Learning Centers in Troy by the mother of a then two-year-old injured following an accident in a bouncy house in June 2016.

Meagan Miller is suing on behalf of her daughter Madison, who, all parties agree, suffered a broken femur after it is claimed she collided with another child at the daycare facility.

The mother of the injured child is facing a potential sanction for "reasonable expenses" after canceling a planned deposition at the last moment.

Defense attorney Stuart Rappaport, of the Law Office of David A. Izzo, stated an attorney traveled from Chicago to take the deposition of Meagan Miller only to learn 45 minutes before it was due to take place that she would not appear. Rappaport argues she should be sanctioned for her "lack of courtesy and respect," and for wasting time.

Rappaport also asked the court to dismiss in its entirety a claim under the Family Expense Act filed by Meagan Miller.

The complaint centers on an incident that happened on June 1, 2016, when Madison Miller broke her femur in a collision at the bottom of an inflatable slide.

It is alleged that Five Star Learning Centers negligently allowed the children to engage in an activity without separating them according to size, age and physical capacity. Further, it is claimed that the child was told to stand several times before the extent of the injuries were realized.

The plaintiffs, who are represented by Jeremy W. Sackett of Swanson and Sackett in Edwardsville, are seeking "just and proper damages" and any further relief the court finds equitable.

Madison County Circuit Court Case number 17-L-1167.

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