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Corboy & Demetrio Files Wrongful Death Lawsuit against Home Day Care in Death of Infant

02.01.2017

Corboy & Demetrio has filed a wrongful death lawsuit on behalf of the family of Tessa McDaniel, 3 1/2 months old, who died on November 15, 2016, after being left unsupervised at Tender Hart's Family Home Care and Learning, Inc., 28 South Lodge in Lombard, Illinois. 

Jason Hart, one of the owners, alone, was attempting to supervise and care for 20 children of mixed ages up to 5 years old. This was in violation of the State of Illinois Licensing Standards for Day Care Homes, which requires one adult for every four infants.  According to the police report, Hart told authorities that he placed Tessa on her stomach on a blanket and left to get a bottle.  As much as a half-hour later, Tessa was found on the blanket not breathing.

“The main reason for this lawsuit is child safety,” said Corboy & Demetrio Partner Thomas Demetrio. “Tessa’s parents do not want this tragedy to happen to any other children,” he added.

Demetrio, along with Corboy & Demetrio Partners Rene Torrado and Francis Patrick Murphy, represent Sean McDaniel, Tessa’s father; Katlyn McDaniel, Tessa’s mother; and Nora McDaniel, Tessa’s minor sister.

"Licensing Standards for Day Care Homes exist for the safety of vulnerable children and must never be violated," said Torrado. "Attempting to supervise and care for 20 children by himself was a recipe for disaster.”

Illinois DCFS has closed Tender Hart’s during its investigation into eight licensing violations.

Demetrio and Murphy successfully represented the family of Benjamin Kingan against a day care facility in Lake County after he was killed by a worker who was also attending to multiple toddlers alone and in in violation of state licensing standards.

Case:  Katlyn McDaniel, Special Administrator of the Estate of Tessa McDaniel v. Tender Hart’s Family Home Care and Learning Inc. and Jason Hart, filed in DuPage Co. Circuit Court on 1-31-17, #2017L120.

Media Contact: Helen Lucaitis, Director of Communications, Corboy & Demetrio, 312-550-2077 (cell); 312-346-3191 (office); HHL@corboydemetrio.com 

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Corboy & Demetrio
33 N. Dearborn Street
21st Floor
Chicago, IL 60602