CSK Defense Team
Miami Partner Frances Allegra
Miami Associate Isabella Sanchez
Case Summary
A Plaintiff parent filed suit alleging that a nonverbal child was injured while attending a Broward County daycare facility and receiving related behavioral services. The allegations arose from an August 2023 incident and an earlier reported concern involving the child’s care.
The Plaintiff alleged that the child was improperly handled by an individual providing care and behavioral services and that multiple Defendants, including CSK’s clients, the daycare operator and its director, failed to adequately protect the child and disclose information concerning the alleged incident. The lawsuit asserted multiple claims against the parties, including negligent training, supervision and retention; breach of fiduciary duty; vicarious liability; battery; breach of contract; and related damages.
Defense Strategy
From the outset, the CSK Defense Team challenged the claims against the daycare operator and its director and sought their dismissal. CSK filed a Motion to Dismiss and also served Plaintiff’s counsel with notice under section 57.105, Florida Statutes, a provision that allows for sanctions in certain cases involving unsupported claims or defenses.
At the hearing on the Team’s Motion to Dismiss, the court dismissed several counts against CSK’s clients, required the Plaintiff to amend other claims within 10 days and questioned whether the remaining claims were legally sufficient.
Outcome
Rather than amend the remaining claims, the Plaintiff voluntarily dismissed all claims against the daycare and its director without prejudice on the day the sanctions notice period expired. The dismissal ended both clients’ involvement in the lawsuit without any judgment or finding of liability, while the litigation continued against the remaining Defendants.
The result reflects the value of early, targeted motion practice in narrowing claims and positioning clients for resolution before trial.
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