Personal Injury Lawyers

Girl Dies in Day Care Center

July 26, 2001

Scrutiny of the Montgomery Family Day Care Home in Lakeland, Florida continues following the death of a 2-month-old girl. Kourtney Schiel died at the day care center on August 4, 2000. Investigators determined that Kourtney died on her stomach in her crib at least two hours before her grandmother came to pick her up at 5 p.m. Nataly Swanson, a day care employee, cared for Kourtney and 15 other children.

The center was run by Swanson' mother, Irma Montgomery.

An initial autopsy could not determine the cause of Kourtney's death. Florida Governor Jeb Bush recently appointed a Miami inspector to review the case.

Kourtneys mother relied on the day care's Yellow Page advertisement claiming the home was licensed. In fact, the home was not licensed. Instead, it was "registered," which means that it was not required to undergo biannual inspections unless the state received a complaint.

However, records show that Polk County health department inspectors responded to four overcrowding complaints involving the day care center in 1999. According to investigators, children were shuffled out of view when inspectors visited. Apparently, Montgomery was tipped off on the inspectors' visits through a camera surveillance system.

An attorney for the women said they pleaded not guilty to a variety of administrative charges filed following Kourtney's death. He also said the two women have gotten out of the day care business.

The Schiel family received a $200,000 settlement from Montgomery and Swanson. The Schiels continue to lobby the Polk County Commission for more stringent regulation of local day care centers.

-- Article Courtesy of InjuryBoard.com

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