Wood County daycare faces lawsuit over death of toddler

PARKERSBURG – The owners of a Wood County daycare are denying they are responsible for the death of toddler in their care.

Lester and Linda Rockhold are named as co-defendants in a wrongful death suit filed by Shawna Wise. In her complaint filed in Wood Circuit Court on Sept. 13, Wise, 29 and of Parkersburg, alleges her four-year-old daughter, Mercedes, died two weeks earlier after prolonged exposure to heat while left unattended in the Rockhold’s car.

According to the suit, Lester, 64, picked Shawna and Mercedes up the morning of Aug. 30 to take Shawna first to WVU-Parkersburg, then Mercedes to Lynn’s Little Wonders Daycare on Dempsie Avenue After dropping her off at WVU-Parkersburg about 9:10 a.m., Lester departed with Mercedes to the daycare.

After arrival, Wise alleges Lester left Mercedes in the car for the remainder of the day that topped 89 degrees. By the time she was discovered in the car around 5 p.m., the suit says Mercedes “had already sustained fatal injuries.”

According to her death certificate, Mercedes’ cause of death was presumed sepsis, an illness in which the body has a severe response to bacteria or other germs that causes blood pressure to drop and results in shock and acute pyelonephritis, a bacteria infection in the kidneys. Her death was ruled accidental.

In their answers filed Oct. 3, the Rockholds individually and on behalf of Lynn’s Little Wonders denied any wrongdoing. Though they admit Mercedes was found in the car that afternoon, she was there only a short time, they say.

According to the Rockholds, Lester, also known as Kenneth, did pick-up Shawna and take her to WVU-P. However, they maintain he dropped her off “closer to 9:20-9:25.”

After stopping for fuel, the Rockholds say Kenneth arrived at the daycare around 10 a.m. They aver that “at no time did he see or hear the child” that morning.

They were not alarmed by Mercedes’ absence that morning, the Rockholds say, because she “was sick the day prior.”

The Rockholds admit they received a call from Shawna about 5:20 p.m. inquiring as to Mercedes’ whereabouts. After being told Mercedes was not there, Wise inquired if she was in the car where the Rockholds say, “That’s when Mercedes was found.”

The Rockholds add that “[a]ll involved in this horrible and senseless ordeal are left to wonder what really happened.” Following trial, the Rockholds say they are confident they will be absolved of any responsibility in Mercedes’ death.

“There are several things that we have found very odd about that day given time to think about the shock and numbness has ease,” they say. “I guess those thought’s [sic] will have to be addressed in court, but we are fully convinced the truth will come out.”

In her suit, Wise seeks unspecified damages, interest, attorneys fees and courts costs. She is represented by Vienna attorney Todd Wiseman.

The case is assigned to Judge Robert A. Waters.

Wood Circuit Court, case number 12-C-404

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  • Nursekimmy1

    If the child was that ill wouldn’t that be neglect on the mother for not having the child seen by a physician????

  • concerned mom

    sounds to me like a lot of people owe the owners of the daycare their profound apologies

  • Mother

    daycare had child its the daycares responsiblity to car for child hence DayCare

    • ALSO A MOTHER

      According to her death certificate, Mercedes’ cause of death was presumed sepsis, an illness in which the body has a severe response to bacteria or other germs that causes blood pressure to drop and results in shock and acute pyelonephritis, a bacteria infection in the kidneys. Her death was ruled accidental.
       LOOK UP SEPSIS AND READ WHAT IT SAYS. TAKES DAYS OF NOT BEING TREATED! MOTHERS ARE THE CAREGIVERS WHEN A CHILD IS SICK NOT ANYONE ELSE.. THATS PART OF BEING A MOTHER..

    • Kisha_dawn30

      So was it the daycare a job to come to her house and take that baby to the dr bc god knows the mother wasn’t worried about it …and all I’m saying this the time off death for that baby and the hours of “being” in the car just don’t add up but don’t you worry MOTHER that truth is coming out piece by piece!

    • a caring citizen

      is it the daycare’s responsibility to run the mother all over town? no. give her rides to work and school? no. give her rides to columbus to help her get her drivers license back? no. so was it the mother’s right to slap these kind people in the face???? no. the mother knows she is wrong. THE TRUTH WILL COME OUT. as we can see it is already doing so and has been since minute one. no people on the planet deserve this LESS than the Rockholds. they are kind and caring people who have devoted their lives to CARING for children. if the mother had done the same, maybe this poor beautiful girl wouldn’t have suffered such a fate

    • another mother

      Does Mr Rockhold acknowledge that the child was picked up when the “mother” was transported to school? At that age it is appropriate to have the child in a booster restaint, something very fishy with finding her on the floor of the back seat.  COD, sepsis…. “mother” needs to answer some questions. What was the offical time of death? or was TOD unkown due to the heat of the day, and time the body was found? Was the child seen by her PCP recently? 

  • Nursekimmy1

    I can’t wait til the truth comes out because the rockholds are innocent. It’s sad when these kind hearted people try to help the unfortunate and get pulled in the middle of this tragedy. I don’t understand how money has such an effect on some people. Mercedes died on aug 30 and the mother was seeking an attorney the next morning. She had no sign of sadness the day she got the news that her child was dead. I hope all the investigating team on this case puts this puzzle together soon so the rockholds can go on with their lives. RIP sweet child!!!!