Braxton Kinser, as parent and next friend of B.K., a minor, et al. v. KSM School III, L.L.C., d/b/a Primrose School of Glen Kernan, et al.

Case Background

On December 30, 2020, Braxton Kinser and Bethany Kinser, as parents and next friends of B.K., a minor, filed a Daycare negligence lawsuit in the Florida State Circuit Court of Duval County. The case number was 16-2021-CA-000012. Judge Waddell A. Wallace, III presided over the case.

Cause

On October 1, 2020, one-year-old B.K. was dropped off at Primrose School of Glen Kernan, a licensed child care facility at 4610 Hodges Blvd., Jacksonville, Florida 32224. The school, operated by KSM School III, L.L.C., held license number C04DU0942 under Chapter 402, Florida Statutes. Carli McKague, an employee of Primrose Glen Kernan, served as B.K.’s teacher in the Toddler 2 classroom. At approximately 9:30 AM, either McKague or another employee provided B.K. with 1.5-inch crunchy apple slices. B.K. ate one of the slices, which became lodged in his throat, causing a severe obstruction of his air passages. This obstruction led to respiratory distress and oxygen deprivation, resulting in severe and permanent injuries to the child.

Injuries

The incident caused B.K. to experience acute choking and respiratory distress due to the apple slice blocking his airway. The lack of oxygen led to severe and permanent injuries, the full extent of which were not specified in the complaint. These injuries caused significant pain and suffering for the young child. Additionally, B.K. suffered from disability, disfigurement, and mental anguish as a direct result of the choking incident and its aftermath. The complaint emphasized that these injuries had long-lasting effects on B.K.’s overall health and well-being.

Damages

The plaintiffs sought damages in excess of $30,000, exclusive of costs, interest, and attorneys’ fees, with the final amount to be determined by a jury verdict. The incident necessitated medical treatment, resulting in considerable medical expenses for the family. The complaint alleged that B.K. faced a potential loss of future earning capacity due to the long-term effects of his injuries. The plaintiffs asserted that these losses were severe, permanent, and continuing, indicating that B.K. would continue to suffer such losses well into the future. The full monetary value of the damages was yet to be determined at the time of filing.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Braxton Kinser as Parents and Next friend of B.K., A Minor|  Bethany Kinser  as Parents and Next friend of B.K., A Minor

 

  • Defendant(s): KSM School III, L.L.C., d/b/a Primrose School of Glen Kernan | Kayleigh Toblin | Carli McKague | Liberty Mutual Insurance Co.

 

Claims

The plaintiffs, Braxton and Bethany Kinser, acting as parents and next friends of B.K., filed a lawsuit against KSM School III, L.L.C. d/b/a Primrose School of Glen Kernan, presenting two main claims:

Negligence: The plaintiffs alleged multiple instances of daycare negligence on the part of Primrose Glen Kernan. They claimed the school failed to properly investigate McKague’s background prior to hiring and neglected to terminate her employment when they knew or should have known she was not safe, fit, or qualified to teach and supervise the Toddler 2 class. The plaintiffs also asserted that the school failed to properly train its employees, including McKague, in crucial areas such as meal preparation, student supervision during meals, emergency response, and timely provision of essential medical services. They claimed the school breached its duty to provide reasonable and appropriate child care services. Additionally, they argued that the school failed to ensure the safety of B.K. and other students.

Negligence for Violations of Florida Statute §402.305: The plaintiffs accused Primrose Glen Kernan of failing to comply with numerous requirements outlined in Chapter 402 of the Florida Statutes. These alleged violations included:

  • Failure to conduct appropriate character-based screening of employees
  • Non-compliance with minimum age requirements for employees
  • Inadequate training of child care personnel to meet statutory minimum standards
  • Failure to ensure timely completion of competency examinations by staff
  • Non-adherence to continuing education requirements for employees
  • Failure to meet mandatory minimum staff credentials requirements
  • Violation of mandatory staff-to-children ratios
  • Non-compliance with minimum sanitation and safety requirements, including first aid treatment, emergency procedures, and pediatric cardiopulmonary resuscitation
  • Failure to meet minimum nutritional standards for meals and snacks
  • Inadequate maintenance of emergency information and health records of students
  • The plaintiffs argued that these failures directly contributed to the incident and the resulting injuries suffered by B.K.

 Defense

 The defendant, KSM School III, L.L.C. d/b/a Primrose School of Glen Kernan, responded to the plaintiffs’ complaint with several key defenses. They denied most of the allegations related to negligence and the alleged incident involving B.K. The school admitted to providing childcare services but denied breaching any duties to the plaintiff. They claimed that their childcare services complied with all applicable codes, regulations, and statutes for Child Care Facilities. The defendant emphasized that the Department of Children and Family Services found them in full compliance with all applicable standards when investigating the incident.

The school presented several affirmative defenses. They suggested that Braxton and Bethany Kinser may have been negligent in failing to disclose B.K.’s medical and health issues, which could have contributed to the alleged damages. They also argued that the plaintiffs might have failed to mitigate damages by not seeking timely medical treatment or following doctors’ recommendations. The defendant claimed that other parties, such as Emergency Medical Services (EMS), might share liability if they failed to respond promptly or properly treat B.K.

Furthermore, the school asserted their right to set-offs for any contractual discounts on medical bills, negotiated write-offs, or agreements to pay future expenses. They also claimed entitlement to collateral source set-offs for reductions in medical bills or payments made by other parties. The defendant reserved the right to amend their affirmative defenses as discovery progressed and demanded a trial by jury.

Expert Testimony

The plaintiffs retained two expert witnesses for their case. Dr. Syed A. Asad, a board-certified neurologist, was expected to testify about the neurological and psychological effects of the incident on B.K. He planned to discuss B.K.’s injuries, life restrictions, damages, course of treatment, prognosis, and required medical care. Dr. Asad was also set to address past and future medical expenses, as well as activity and work restrictions resulting from the incident.

Dr. Robert Cywes, dual board-certified in adult general surgery and pediatric surgery, was prepared to testify about B.K.’s injuries and the need for surgical treatment. He planned to discuss the condition and size of the apple slices. He also intended to cover safe food preparation practices for toddlers. Dr. Cywes was expected to argue that the apple slices provided to B.K. were inappropriately sized, causing airway obstruction and aspiration. He intended to testify that B.K. sustained a hypoxic ischemic event with prolonged oxygen deprivation. This led to physical lung injury and infection.

The defendant designated two expert witnesses. Janice S.P. Inman, a childcare operation and supervision expert with over 40 years of experience, was expected to testify about the adequacy of administrative and procedural policies and safety issues related to the incident at the Primrose School of Glen Kernan. Dr. Alana J. Arnold, a pediatrician, was intended to provide rebuttal testimony regarding B.K.’s alleged injuries, post-incident medical treatment, and recovery. Her testimony was to be based on her medical experience and review of the case’s medical records.

Jury Verdict

The jury found KSM School III, L.L.C. d/b/a Primrose School of Glen Kernan negligent and responsible for B.K.’s injuries. They awarded the plaintiffs $183,993.64 for past medical expenses and $8,000,000 for future damages related to pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for enjoyment of life, totaling $8,183,993.64 in daycare negligence lawsuit.

Court Documents:

Available Upon Request