Date: September 2, 2011By: Atlanta Wrongful Death Lawyers

After a two-year-old died of heatstroke under the care of Marlo’s Magnificent Early Learning Center, the Georgia Department of Early Care and Learning (DECAL) made the decision to revoke the center’s license. In June, after a field trip to Chuck E. Cheese’s, two-year-old Jazmin Green was left in a van outside the center for two to three hours, which reportedly led to her death. The outside temperature was estimated at around 90 degrees that day.  Through an investigation following the child’s death in June, DECAL determined that the childcare center had “demonstrated reckless disregard for the physical and mental health and safety of the children in care.” The owner and employees of the childcare center are also reportedly facing criminal charges.

After returning from Chuck E. Cheese’s, the sleeping child was allegedly left in a van and no check was done of the vehicle, as required by state law. Additionally, the investigation concluded that the staff inaccurately filled out the information on the checklist, stating that they had unloaded all of the children from the vehicle. Furthermore, four children were transported to and from the field trip without proper vehicle restraints, the occupants exceeded the vehicle’s capacity and the proper channels for requesting and documenting a field trip were not followed. As a result of the death and the surrounding circumstances, Marlo Fallings, 41, Quantabia Hopkins, 23, and a teenage girl were reportedly charged with involuntary manslaughter, cruelty to children and reckless conduct. 

The victim’s mother has filed a lawsuit against the daycare seeking punitive damages and burial expenses. There are two types of compensation that can be granted in a Georgia wrongful death suit. The first is a statutory wrongful death claim that can be brought by a family member for the full value of the life of the decedent, without deducting for any of the necessary or personal expenses of the decedent had he or she lived. This includes both economic damages and intangibles such as the enjoyment of living that was not experienced. The second is a claim on behalf of the deceased person’s estate for the full value of medical expenses, conscious pain and suffering before death, funeral expenses, and possible punitive damages. Additionally, unlike some states, in Georgia there is no limit on the possible damages awarded in a wrongful death lawsuit.

If a loved one has passed away due to the negligence, carelessness or recklessness of another, it may be possible to file a wrongful death lawsuit. Though it is impossible for money to replace the life of a loved one, compensation can provide financial stability for those the deceased has left behind. A knowledgeable and experienced Atlanta wrongful death attorney will absorb the legal pressure in the aftermath of the accident so you can focus on family and other important matters. We will fight to recognize the incredible value of the life of your lost loved one, and will work to seek the highest amount of remuneration possible. 

---

Keywords: Daycare center death, wrongful death lawyer