Woman blames daycare center for daughter's injuries

By Kyla Asbury | Apr 27, 2015

CHARLESTON – A woman is suing South Charleston Enrichment Center for injuries her toddler daughter sustained while in its care.

Shellie Terry, the owner of SCEC, was also named as a defendant in the suit.

On July 26, 2013, B.R., who was 13 months old, was left unsupervised in a toddler bed when  she attempted to crawl out of the bed and fell to the ground, injuring herself, according to a complaint filed March 27 in Kanawha Circuit Court.

Tina Rhodes claims the defendants called her and informed her that her daughter had fallen, so she started to leave work to pick her up when the defendants called her back and advised her that B.R. was fine and that it was not necessary to pick her up or seek medical attention for her.

The defendants called Rhodes back four hours later and advised her that B.R. would not stop crying and appeared to be in pain since the accident, according to the suit.

Rhodes claims B.R.'s father picked her up from the center and took her to Med Express in South Charleston, where she was diagnosed and treated for a broken leg and was placed in a cast for four weeks.

B.R. does not use her leg in a normal manner, refuses to put weight on the injured leg, does not walk properly and tires easily during physical play, according to the suit.

Rhodes claims she has been advised by B.R.'s doctors that her daughter will continue to suffer pain from the leg, develop arthritis in the leg and deal with the affects of the accident her entire life.

The defendants were negligent in their care of B.R. and violated their legal duty by failing to take care of her health, safety and welfare, according to the suit.

Rhodes is seeking compensatory and punitive damages. She is being represented by Brian R. Blickenstaff of Turner & Johns PLLC.

The case is assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 15-C-595

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