WHEELING – An Ohio woman is suing over claims her 2-year-old was injured when she allegedly fell from playground equipment at a childcare center.

Heather Howell, individually and as natural mother and next friend of Brooklyn Manukin, a minor, filed a lawsuit Oct. 10 in Ohio Circuit Court against Hinebaugh Enterprises, doing business as Noah's Ark Childcare and Learning Center, citing negligence.

According to the complaint, Brooklyn, who was 2 years old at the time of the incident, was a student at the defendant childcare center on South Broadway Street in Wheeling on Nov. 6, 2013, when she fell from playground equipment and sustained injuries, including a displaced fracture that required emergency surgery.

The defendant is accused of failing to properly staff the center to supervise the children in the outdoor play area and negligently positioning a jungle gym or playground tower as to be on an uneven surface and lack proper balance. The complaint says the defendant should have known of the dangerous condition as a child had previously had an incident on the playground.

Heather Howell seeks damages, interest and costs of action.

She is represented by attorneys Ronald William Zavolta and Jordan M. Laird of Zavolta Law Office in Wheeling. The case has been assigned to Circuit Judge Ronald E. Wilson.

Ohio Circuit Court case number: 14-C-302

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