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Parents sue day care owners over son's brain injuries

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By TOM BRENNAN

tbrennan@tampatrib.com

Published: November 6, 2009

TAMPA - The parents of a boy who suffered brain injuries in 2007 are suing the day care providers they blame for his disabilities.

Joshua and Kristy Schwade say those involved with the home-day care Hannah's House are responsible for injuring their son, Kaleb.

The Schwades' lawsuit, filed Wednesday in Hillsborough County Circuit Court, seeks unspecified damages in excess of $15,000.

Named as defendants are day care owners Daniel and Dee Dee Kelly as well as a former employee Rebecca Saunders.

Authorities have accused Saunders of shaking and physically abusing Kaleb, then 5 months old, while he was in her care May 8, 2007.

The Schwades said their son was lethargic when they picked him up; they rushed him to Tampa General Hospital, where doctors said he had multiple head injuries.

Saunders, 38, is charged with felony aggravated child abuse. She has pleaded not guilty and is set to stand trial Nov. 30.

One of the Schwades' attorneys said Kaleb is permanently disabled.

"He faces very serious obstacles for the rest of his life," said Steve Yerrid. "The quality of life a child is entitled to has been taken from him."

The lawsuit echoes the accusations in the criminal case.

The Schwades claim that the Kellys were negligent because they should have known that Saunders should not have been entrusted to care for infants, and they failed to supervise her.

The parents also sued the trustees of Idlewild Baptist Church, claiming they misrepresented that Hannah's House was affiliated with the church's day care operations.

Reporter Tom Brennan can be reached at (813) 259-7698.

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