We represented Defendant daycare owner sued for negligence and emotional distress claim related to a sexual assault at an in-home daycare. Plaintiff was a 5-year-old child who was attending an in-home daycare. Plaintiff alleged that during naptime he was sexually assaulted by an 8-year-old child. Defendant daycare owner disputed negligence and contended that an apportionment of fault should be given to the offending child. The jury agreed and apportioned 60% fault on the offending child and 40% on the daycare owner. Plaintiff requested an award in excess of $230 million. The jury returned an award of $223,790.00 to Plaintiff with an apportionment of 40% fault on Defendant daycare owner.
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