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WEST VIRGINIA RECORD

Friday, April 26, 2024

Crawling child allegedly was hurt at day care

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BECKLEY — A minor child and her mother are suing Rising Stars Childcare LLC, Lauren Leger and Wendy Combs, chid care providers, alleging negligence, breach of duty and insufficient measures taken to prevent injuries.

Sophie Marie Scherer, a child under the age of 18, and her mother, Erika Marie Scherer, filed a complaint on June 16 in Raleigh Circuit Court against the defendants, alleging that they breached their duty of reasonable care by failing to protect the child plaintiff.

According to the complaint, the plaintiffs allege that on Sept. 16, 2015, plaintiff Sophie Marie Scherer was under the care of the defendants when she came in contact with a substance while crawling on the floor, causing her damage to her skin, knees and legs. After she was exposed to the substance, the defendants gave her a bath in the utility sink where cleaning materials are poured, the suit says. Plaintiff Sophie Marie Scherer suffered damages including but not limited to unnecessary pain and suffering, emotional distress, mental anguish, skin damage and permanent scarring, the suit claims. The plaintiffs holds Rising Stars Childcare LLC, Lauren Leger and Wendy Combs responsible because the defendants allegedly failed to keep their premises in a clean and safe condition, failed to properly supervise the child plaintiff and failed to properly store and use cleaning chemicals,.

The plaintiffs request a trial by jury and seek compensation for incidental and consequential damages, punitive damages, pre- and post-judgment interest, attorneys' fees and costs and any other relief the court deems just and proper. They are represented by Kyle G. Lusk and Matthew A. Bradford of Lusk & Bradford PLLC in Breckley.

Raleigh Circuit Court Case number 16-C-382-K

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