NEW CUMBERLAND – A Weirton mother has filed suit against a Wellsburg daycare facility after her then 2-year-old son was injured while in its care.

Darrian Johnson, a minor, by his guardian, Khadijah Marshall and Khadijah Marshall, individually filed a complaint Jan. 19 in Hancock Circuit Court against Little Bear Daycare of Wellsburg LLC alleging negligence.

According to the complaint, on Aug. 10, 2017, Johnson was under the care and supervision of defendant when he fell off of an object in the facility's toddler room. The suit states he sustained severe and disabling injuries and was caused to suffer pain, scarring, disfigurement and loss of enjoyment of life. 

Plaintiff Marshall alleges she has incurred mental and emotional distress and medical expenses. 

The plaintiffs holds Little Bear Daycare of Wellsburg LLC responsible because the defendant allegedly failed to conduct a reasonable inspection of the premises, failed to correct a dangerous condition and failed to provide adequate warning of any danger.

The plaintiffs request a trial by jury and seek all damages, plus interest, costs and all other general and special relief that the court may deem just and proper. They are represented by Kevin M. Pearl of Frankovitch, Anetakis, Simon, Decapio & Pearl LLP in Weirton. The case has been assigned to Circuit Judge David J. Sims.

Hancock Circuit Court case number 18-C-06




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