April 21, 2015, PNLR E-Newsletter
Improper supervision leads to child’s sexual assault
Doe, 3, was at a gambling casino’s day care facility, which was operated by New Horizon Kids Quest Inc. While staff was attending to other children, a 9-year-old boy took Doe to the back of the room, where he beat, strangled, and sexually assaulted him. Doe suffered a subconjunctival hemorrhage and numerous bruises in the attack, and has been diagnosed with extreme posttraumatic stress disorder. Now 10, Doe is prone to violent outbursts and has difficulty regulating his emotions.
Doe sued New Horizon, alleging it left him unsupervised for more than 90 minutes, allowing the attack to take place. Suit also alleged understaffing at the facility.
The defendant admitted liability for leaving Doe unsupervised. The jury awarded about $13.53 million.
Citation: Doe v. New Horizon Kids Quest Inc., No. 27-CV-2012-9958 (Minn. Dist. Ct. Hennepin Cnty. Jan. 30, 2015).
Plaintiff counsel: AAJ members Richard A. Ruohonen and Charles D. Slane, both of Minneapolis.