Haile Brockington's family files wrongful death lawsuit

BOCA RATON, Fla. - The family of Haile Brockington filed a wrongful death lawsuit Thursday afternoon against Katie's Kids Learning Center.

It has been a week since two and a half year old Haile Brockington died after being left for hours in the Delray Beach day care's van.

The family is hoping the lawsuit prevents this type of incident from happening in the future.

"They violated the rules and regs. The question is what else are we going to find? It's a miracle given the information that we've gotten in this limited time we've been involved this didn't happen before," said Andrew Yaffa, attorney for Haile Brockington's family.

In the ten page lawsuit, lawyers allege the daycare center did not follow state regulations. The defendants listed on the suit are the two owners of the day care Kathryn Muhammad and Barbara Dilthey and the van driver, only identified as Amanda.

Betty Resch is the attorney representing the owner's of Katie's Kids Learning Center. Resche says her clients are cooperating with authorities in addition to paying for Haile's funeral.

"Katie and Barbara are devastated by what happened. They are obviously deeply sad and their hearts go out to the family of little Haile," said Resch.

In the document it shows defendant Katie's Kids did not provide any assistant, helper, or other employee on the van.

The lawsuit also alleges prior to Haile's death, the drivers employed by the day care center had a history of either forging or signing Haile's mother's name on the transportation logs. The suit also alleges that there were prior incidents when children both on the bus as well at the school had been forgotten.

The document also states that a child who got into the day care's van to go home, discovered Haile's body and alerted the defendant, "Amanda" the driver.

Nelder Lester, Haile's mother, is set to speak publicly Friday afternoon at a news conference in Boca Raton.