Parents sue Chattanooga daycare after incident with child caught on video

The incident happened on November 7th. The lawsuit says the parents got a call about it six days later, on November 13th. (Image: MGN)

A Chattanooga family is suing a local daycare, saying an employee who was later fired physically abused their child. The suit claims that Kids Rock, Inc. did not fire the employee until the family was notified of the incident a week after it happened.

Attorneys for parents April Leigh Mielke and Steven Spener Carroll are suing Kids Rock, Inc., located on Goodwin Road, for $500,000 in damages, $500,000 in damages for pain and suffering, and $500,000 in punitive damages, for a total of $1,500,000.

The parents had their child enrolled in the daycare since 4 months of age, and the alleged incident happened when the child was one year old.

The lawsuit says the incident happened on November 7th, and that the parents got a call about it six days later, on November 13th. The Tennessee Department of Human Services' website also shows a complaint investigation of improper discipline during that same month.

An employee called Mielke to tell her that her child had been "assaulted" at the daycare by an employee named "Maggie." The lawsuit says the employee who called Mielke told her the incident "didn't sit well with her."

The parents later learned that "Maggie" had "picked up the child by an arm and "put" the child in a cot," according to the lawsuit.

The mother and father and the child's grandfather later confronted the owners of the daycare about the incident at the daycare on November 13th, and called police.

The lawsuit says the owner of Kids Rock, Inc., Rachel Stoval, was initially reluctant to hand over video surveillance of the incident, but later provided a trimmed copy of the video.

The parents say that in the days after the November 7th incident, they had noticed the child favoring his uninjured arm, and appeared to be reluctant to go to the daycare.

Stoval told the parents that "Maggie" had been fired on November 13th - the day the child's parents confronted her about it.

Part of the lawsuit says Kids Rock, Inc. owners were negligent in not addressing the issue with "Maggie" in the six days that followed the incident. They say that contributed to the child's mental distress.

Read the full lawsuit below.

NewsChannel 9 has reached out to Kids Rock, Inc., but they told us they have no comment on this lawsuit.

This is a developing story. Depend on us to bring you updates as we learn more.

close video ad
Unmutetoggle ad audio on off