XXX                           Plaintiff






Plaintiff XXX, (hereinafter referred to as “Plaintiff”) residing at [Enter your Address] complains against Defendant [NAME OF DAYCARE], of address [Enter Daycare’s Address] (hereinafter referred to as “Defendant”) and says:



  1. Plaintiff is the father of Amari Prendergast (five years old) (hereinafter referred to as “Child”). 
  2. Child has been severely abused and traumatized by his Mother, [ENTER NAME OF MOTHER] of address [Enter Address of Mother] (hereinafter referred to as “Mother”). 
  3. On previous occasions, Mother has, medically, physically, chemically, emotionally, and psychologically abused, neglected, and repeatedly traumatized the Child. 
  4. Mother used to leave the Child in her car while going about her business, contrary to the law. In one incident, on or about XXX, the Child was found abandoned in the backseat of the Mother’s car at 4 a.m. in XXX  in 25-degree weather for over 20 minutes as the Mother walked into a Dialysis Clinic. Such events went on, further subjecting the Child to abuse and neglect. 
  5. On or about [ENTER DATE], the Child was enrolled at Defendant’s facility for daycare. Accordingly, Mother used to drop the Child at the Defendant’s facility every morning, after leaving the Child in the car since 4 a.m. 
  6. Per the Defendant’s Manager’s confession, Child came to the Defendant’s facility as a severely abused child.   
  7. Notably, the Child exhibited cuts, bruises, and burns.
  8. After the Defendant’s staff noticed the injuries on the Child, they prayed over him. The Defendant’s Director further stated that they put Neosporin on his burns.
  9. Surprisingly, the Defendant did not report the matter to the authorities. They only handled such sensitive matter internally, contrary to their obligation under the law.
  10. When the Plaintiff called for the Child’s records from the Defendant, they initially claimed that they could not find the said records. Furthermore, they went ahead to lie that the Child was never abused.



  1. The Defendant owed a duty of care under Rule 591-1-1-.29 of the Rules for Child-Care Learning Centers. Notably, the Defendant had an obligation to report the state of the Child to the local County Department of Family and Children Services. 
  2. Upon information and belief, the Defendants were aware, or with the exercise of due care of the safety of the children, ought to have been aware of their duty to report any suspected incidences of abuse or neglect to the authorities.  
  3. The Defendant breached the said duty by failing to report the Child’s state of health and emotional wellbeing to the local County Department of Family and Children Services, as required by law. Instead, the Defendants sought to attend to the case internally contrary to the dictates of the law.
  4. The Defendant negligently failed to maintain a policy, procedure, or system of investigating and reporting instances of suspected abuse or neglect to the relevant authorities per the law. Notably, the Defendant resorted to internal means to solve an issue which is specifically and expressly provided for in the law. 
  5. The Defendant attempted to cover up the Child’s case by lying that the Child was not abused. Besides, the Defendant maliciously held on to records of the Child. These are perfect indicators of bad faith, a blameworthy conscience, and guilty hands. 
  6. The Defendant’s action/inaction caused the Child to remain subjected to the adverse situation he was experiencing at the hands of the Mother. Had it not been for the Defendant’s action/inaction, the Child would have obtained assistance from the relevant authorities. 
  7. The Child suffered because of the Defendant’s action/inaction. Specifically, the Child remained subjected to the mistreatment and abuse from the Mother.  The Child had no means of raising his concern over his troubles. Therefore, he was doomed to experience the Mother’s abuse. 
  8. As a result of Defendant’s negligence, the Plaintiff is entitled to recover for the injuries sustained, particularly, the physical and emotional pain and suffering that the Child had to go through, and all other elements of damages as allowed under the laws of the State of Georgia, including special damages, compensatory damages, consequential damages, economic damages and punitive damages. 
  9. Plaintiff is entitled to an award of punitive damages pursuant to Georgia law, without limitation or cap because the actions of Defendant and its employees showed wantonness, oppression, and an entire want of care, which would raise the presumption of conscious indifference to consequences.
  10. Because Defendant’s actions evidence a species of bad faith and caused the Child undue suffering; Plaintiff is entitled to recover the Plaintiff’s necessary expenses incurred by this action

WHEREFORE, the Plaintiff prays:

  1. That Defendant be served with summons, process and a copy of this Complaint as provided by law;
  2. That the Plaintiff be granted a trial by jury as to all triable issues in this cause;
  3. That the Plaintiff obtain judgment against the Defendant for special, general and compensatory damages as determined at trial as well as costs of litigation and expenses;
  4. That the Plaintiff be awarded punitive damages for Defendant’s conduct; and
  5. For such other and further relief as this Court deems just and equitable under all circumstances alleged and contained herein. 

Respectfully Submitted, 




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