A Miller County, Ark., mother whose 9-month-old baby was bitten more than 30 times by an older child is suing a now-shuttered daycare and its former owner for damages.
Texarkana lawyer Matt Keil filed a civil complaint against Nashville, Ark., Alphabet Daycare and former owner Dominique Lofton in Miller County circuit court Wednesday on behalf of Latoya Griffin and her minor son, now 11 months. According to the complaint, the baby was sleeping in a playpen in mid-August when an older child, reportedly a 2-year-old boy, climbed into the playpen and attacked.
Photos taken of the baby show numerous distinct bite marks, cuts and swelling around the child's face, eyes, ears, scalp, back, shoulder and belly. The complaint alleges the baby will be left with permanent scars and that the traumatic experience has caused not only physical, but emotional and mental injuries to the child and his mother.
The complaint alleges that Lofton allowed the daycare's liability insurance to lapse in violation of Arkansas law. Lofton said Thursday that she closed the business down about a week after the baby was attacked and has decided to go into another line of work.
Keil said that now that the baby's injuries have begun to heal, it appears he will be left permanently with noticeable areas of discoloration and a lack of pigmentation on his face and body.
Griffin began using Alphabet Daycare in June, believing her child would be safe in a fully licensed, state accredited daycare, according to the complaint. Griffin was working at her job at Tyson Foods when she received a call from the daycare about her son Aug. 17.
The facility was licensed by the state to keep up to 16 children at a time. The suit alleges that Lofton failed to provide adequate supervision of children and that staff at Alphabet were not properly trained.
The complaint alleges the defendants are guilty of battery, negligence, outrage, breach of contract and breach of fiduciary duty. The complaint accuses Lofton of violating the Arkansas Deceptive Trade Practices Act by allegedly disseminating false and misleading advertising that described the facility as capable of providing safe and reliable childcare and by failing to carry liability insurance as required by law.
The suit seeks damages for the baby's personal injuries, scarring and disfigurement as well as for pain, suffering and mental anguish. Griffin is asking for compensation for medical expenses she has incurred in the past and for those she will likely incur in the future related to the child's injuries. Griffin is also seeking compensatory damages.
The case has been assigned to Circuit Judge Brent Haltom. Once Lofton has been formally served with a copy of Griffin's complaint, she will have 30 days to file a response.