HomeArkansasGillispie Law FirmProven verdicts$110,040,000 ($110,000,000 compensatory plus $40,000 punitive)
$110,040,000 ($110,000,000 compensatory plus $40,000 punitive)Verdict

A Healthy 9-Month-Old Was Dropped Off at an Unlicensed Mena Daycare in the Morning. By 4 p.m. He Had Multiple Skull Fractures, and Nobody Has Ever Said How. A Polk County Jury Returned $110 Million.

Verdict · Polk County Circuit Court, Mena AR · 2025

After trial: The jury verdict was returned on November 19, 2025 after a three-day trial in Polk County Circuit Court. As of September 2026 we find no reported post-trial motion, remittitur or appeal, and no Arkansas appellate record exists for the case. No cap can apply: Article 5, Section 32 of the Arkansas Constitution forbids the legislature from limiting damages, and the punitive cap was struck down in Bayer CropScience v. Schafer (2011). Arkansas apportions fault severally under Ark. Code Ann. 16-55-201, and the jury assigned 80 percent to Wendy Strother and 20 percent to Prairie Pate. The defendants are private individuals who ran an unlicensed home daycare. No source reports insurance coverage or any payment, so the figure here is what the jury awarded, not what the family has received.

Won by Gillispie Law Firm.

On February 16, 2016 Daniel Ryals dropped his healthy 9-month-old son at Wendy Jo Strother's unlicensed in-home daycare in Mena, Arkansas. That afternoon Strother's daughter carried the baby into the local hospital with multiple skull fractures and bleeding in his brain. He is permanently blind and brain-damaged. Strother pleaded no contest to permitting child abuse and got probation. In November 2025 a Polk County jury awarded the family $110,000,000 plus $40,000 in punitive damages.

What happened

On the morning of February 16, 2016 Daniel Ryals dropped his 9-month-old son off at Wendy Jo Strother's daycare in Mena, Arkansas. The daycare ran out of Strother's home and was not licensed. The boy was healthy when he arrived.

At about 4 p.m. Strother's daughter, Prairie Strother McBee, carried him into Mena Regional Health System. He had multiple skull fractures and hemorrhaging in his brain. He was airlifted to Arkansas Children's Hospital in Little Rock, where he fell into a medical coma. He is permanently blind. The brain damage is permanent too, and he will need care for the rest of his life.

Nobody has ever explained what happened to him that afternoon. The medical evidence showed non-accidental head trauma, and on January 10, 2022 Strother pleaded no contest to one felony count of permitting child abuse. She was sentenced to five years of probation and fined $1,000. No one served a day in custody.

The family's civil complaint put it this way: "Despite the unspeakable nature of the crime, and despite Defendant Wendy Jo Strother's plea of guilty to a felony count of Permitting Abuse of a Minor, not a single person responsible served a single day in prison." It went on: "the Ryals family have never been told precisely what happened to their son on February 16, 2016."

The civil case was tried over three days in Polk County Circuit Court in Mena. The claims were negligence, fraudulent misrepresentation and battery: that Strother staffed the daycare with unqualified people, told parents it was licensed and safe when it was neither, and that one or more adults there battered the child and then delayed getting him medical care. Strother, McBee (by then Prairie Pate) and a third worker, Angela Nicole Lunsford, were the defendants.

On November 19, 2025 the jury returned $110,000,000 in compensatory damages and $40,000 in punitive damages. On the verdict form it put 80 percent of the fault on Wendy Strother and 20 percent on Prairie Pate, and none on Lunsford. It found by clear and convincing evidence that punitive damages were warranted against both Strother and Pate.

Daniel and Mandy Ryals were represented by Joseph Gates of Gates Law in Little Rock, Joshua Gillispie and Caitlin Malott of the Gillispie Law Firm in North Little Rock, and Breean "BW" Walas of the Walas Law Firm. Ernest Witt defended.

Arkansas cannot reduce the number by statute. Article 5, Section 32 of the state constitution forbids the legislature from capping damages, and the Arkansas Supreme Court struck down the statutory punitive cap in Bayer CropScience v. Schafer in 2011. What the state does have is several liability: under Ark. Code Ann. 16-55-201, each defendant is generally answerable only for her own share of the fault, which is why the jury's 80/20 split matters.

"No verdict can undo the damage this child suffered," Gillispie said afterward, "but the jury's decision holds the defendant accountable and makes it clear that ignoring basic safety and licensing requirements will have serious consequences."

On this site the verdict ranks second in Arkansas, behind the $122.5 million Pierce v. Mann judgment.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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