Johnny Doe v. Kids House, et. al. Melissa Richardson successfully defended their clients, a daycare, its owner, and its director. A daycare employee was in an altercation with a ten year old student. The student struck her in the eye. She angrily left the student, returned 23 seconds later, and struck the student several times. The entire encounter was captured on videotape. Prior to trial, the Court dismissed claims for vicarious liability, negligent hiring, negligent training, negligent retention, and negligent supervision on Summary Judgment. At the close of Plaintiffs’ case, the Court granted a Directed Verdict Motion for the $500,000 claim of emotional distress. The Court agreed that Plaintiffs had not provided sufficient expert or medical testimony to support the claim. Plaintiff still claimed $175,000 in pain and suffering and $500,0000 in punitive damages. Just prior to closing arguments, Plaintiffs requested to settle the case the amount that had been offered 14 months prior at mediation and reiterated through an Offer of Judgment that was filed shortly after mediation.
