The Chicago Personal Injury Law Blog

Settlement Reached In Day-Care Death Lawsuit

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Deerfield residents Amy and Andrew Kingan received a $2 million settlement for the death of their 16-month-old son in the wake of criminal charges, the Chicago Daily Herald reported. Benjamim Kingan died from injuries suffered at the now closed Minee-Subee day-care center in Lincolnshire on Jan. 14 2009.

Chicago accident attorney Francis Patrick Murphy was able to secure the settlement on behalf of the Kingans even before filing what would have been a wrongful death lawsuit.

Mrs. Kingan plans to testify before state legislators with regard to pending legislation dubbed "Stop Abuse at Day-Cares." The settlement was secured on Feb. 24:

"We'd give everything we have to have (Benjamin) back. We're just looking for closure ... and to do something so that this doesn't happen to another family."

Twenty-two-year-old teacher's assistant Melissa Calusinki was charged with first-degree murder after allegedly throwing Benjamin to the floor and awaits trial in Lake County jail. Minee-Subee owner Judith Katz, 64, was charged with obstruction of justice for allegedly lying to police about the details of the boy's death.

The settlement will be paid from the defunct day-care center's insurance policy.

Illinois law requires two day-care workers to be present at all times when more than five toddlers are in a class, which Mr. Murphy said Minee-Subee violated. He claims the center followed the law during scheduled inspections by the Illinois Dept. of Children and Family Services but during day-to-day operations.

Other toddlers reportedly became upset when Ms. Calusinki allegedly grabbed Benjamin and threw him to the ground, fracturing his skull.

The Daily Herald was unable to reach the attorney for Minee-Subee.

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