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