Family files wrongful death lawsuit in case of two-year-old found in day care van

PALM BEACH COUNTY, Fla. -  A wrongful death lawsuit reveals what may or may not have happened when two-year-old Haile Brockington was forgotten in a day care's van. Named in the lawsuit are Katie's Kids Learning Center and the driver of the van.

The wrongful death lawsuit filed in Palm Beach County Circuit Court says the mother's five children, including Haile, were enrolled at the day care in March of 2010. Haile and her siblings attended the day care and were picked up by the day care's bus drivers to and from home.

CLICK HERE TO READ THE LAWSUIT

On the day of Haile's death, a driver listed only as 'Amanda' was responsible for picking the children up at 8:30 a.m. and dropping them off around 4 p.m.

Haile never made it back.

"They want to prevent this from happening to anyone else," says the family attorney Andrew Yaffa.

The lawsuit also says when the children were about to be taken home by 'Amanda,' another child, age 5, got in the van and went to the back where she found Haile.

The lawsuit says she tried to wake her up but she didn't respond. It goes on to say the child told the bus driver 'Amanda' and from there it was determined she left the child on the van.

CPR was given to Haile by another driver but with no success, Haile was dead.

An attempt to talk to the bus driver was unsuccessful.

The lawsuit states all three children were in car seats in the back seat of the van when it pulled into the day care. The older ones got off first while the younger ones were either removed or unbuckled themselves. Haile couldn't unbuckle her car seat.

The lawsuit also alleged that the day care failed to comply with the law.

"Clearly this shouldn't have happened. Had they complied with the basic laws and policies this baby would still be alive," Yaffa said.

The lawsuit says a transportation log was suppose to be maintained but prior to Haile's death the drivers had a history of forging or signing her mother's name on the log and there were prior incidents of children being forgotten on the bus and at the day care.

"They're obviously deeply sadden, their hearts go out to the family," says day care attorney Betty Resch.

The lawsuit seeks unspecified damages. Haile's viewing is set for Friday, her funeral is Saturday.