$21 millionVerdict

Duval County Awards Mother $21 Million After Infant Dies in Hot Daycare Van

Verdict · Circuit Court, Duval County, Florida (Jacksonville) · 2022

After trial: The insurer, Markel, denied coverage, and a federal breach-of-contract case over the judgment settled in March 2024 and was dismissed with prejudice on undisclosed terms. We could not confirm how much of the award has been paid.

Won by Pajcic & Pajcic.

A 4-month-old girl died in May 2019 after being left about five hours in a hot van outside a Jacksonville preschool, and the owner later pleaded guilty to aggravated manslaughter. In January 2022 a Duval County jury awarded her mother $21 million in a wrongful death case against the preschool. The insurer denied coverage, and the resulting federal coverage case settled on undisclosed terms in 2024.

What happened

On May 22, 2019, a 4-month-old girl was taken by van to Ewing's Love & Hope Preschool & Academy on Lenox Avenue on Jacksonville's Westside. The van reached the center at about 8:25 a.m. The infant stayed strapped in her child safety seat inside it, and nobody noticed. Temperatures that day reached about 91 degrees, and the vehicle had no ventilation or working air conditioning.

She remained there for roughly five hours. Staff found her only after her mother called around 1 p.m. to ask about picking her up. The baby was unresponsive when she was found. Firefighters could not revive her, and she died at Wolfson Children's Hospital.

Darryl Ewing, the co-owner of the preschool and the van's driver, had not logged the infant on the required driver's log. It recorded only her siblings as passengers. In 2021 he pleaded guilty to aggravated manslaughter of a child. A judge sentenced him to three years of house arrest followed by 18 years of probation, with weekends in jail each year on the anniversary of the girl's death, 500 hours of community service, and a bar from working in child care.

The child's mother then brought a wrongful death case in Duval County circuit court against the preschool. Pajcic & Pajcic represented the family. In January 2022, the case ended with a $21 million award for the mother. Some outlets have reported the figure as $21.6 million, but the local station that followed the case from the start gives it as $21 million, and that is the figure used here.

The result then moved into a fight over who would pay it. The preschool's insurer, Markel Insurance Company, said the policy had been cancelled for unpaid premiums on May 6, 2019, sixteen days before the child died, and that it owed nothing. On November 30, 2022, a breach-of-contract suit was filed against Markel in the federal court for the Middle District of Florida in the names of the preschool and its owner, attaching the verdict and final judgment and arguing that the premiums had been paid through November 2019. Markel answered and counterclaimed, and both sides moved for summary judgment in early 2024.

Before the court ruled, the parties reported a settlement in March 2024, and the federal case was dismissed with prejudice in April 2024. The terms were not made public, so we could not confirm how much of the award has been paid.

Sources

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

More proven verdicts from Pajcic & Pajcic

All Pajcic & Pajcic proven verdicts →
$1 billionVerdictNot collectableTruck AccidentsFL

A Nassau County jury found two trucking companies responsible for the 2017 chain-reaction crash on I-95 near Yulee that killed 18-year-old Connor Dzion, returning a $1 billion verdict that Curry Pajcic won for the teen's parents.

2021 · Nassau County Circuit Court, FLRead the full story →
$141.5 millionVerdictNot collectableTruck AccidentsFL

A Nassau County jury awarded $141.5 million, including $125 million in punitive damages, against K&N Logging after an unvetted driver's 80,000-pound log truck plowed into stopped school-zone traffic and left a young child with permanent brain damage.

2024 · Nassau County Circuit Court, FLRead the full story →
$18.74 millionVerdictPremises LiabilityFL

A Duval County jury returned an $18.74 million verdict after Joshua Mathews suffered a traumatic brain injury in a 2012 assault outside Pete's Bar in Neptune Beach.

2016 · Duval County Circuit Court, FLRead the full story →
$10.2 millionVerdictProduct LiabilityFL

A Duval County jury found that the collapsing roof and a defective seatbelt of a 2000 Ford Explorer caused a young driver's death in a Virginia rollover, returning $10,184,315 against Ford in the first verdict aimed squarely at the Explorer's roof and belt design.

2005 · Duval County Circuit Court, FLRead the full story →

Related wrongful death verdicts

$150.37 billionVerdictNot collectableTX

In December 2011, a Fayette County, Texas jury awarded the family of an 8-year-old Splendora boy $150.37 billion after he was doused with gasoline and set on fire by a 13-year-old neighbor in 1998, two weeks after the same neighbor sexually assaulted him. The boy survived third-degree burns over 99 percent of his body for nearly 13 years before dying in April 2011 of a skin cancer linked to his injuries. The defendant, Don Wilburn Collins, never appeared to answer the civil suit, and the jury awarded $370 million in actual damages plus roughly $150 billion in punitive damages, the largest civil verdict in U.S. history. Attorney Craig Sico, who represented the family, said from the outset that the judgment was not collectible and was intended to pressure prosecutors into reopening the long-dormant criminal case. Prosecutors did reopen the case, and Collins was later convicted of capital murder in a separate criminal proceeding.

Sico Hoelscher Harris LLP2011 · District Court, Fayette County, Texas (La Grange)Read the full story →
$23.6 billionVerdictReversed on appealFL

A Pensacola jury awarded Cynthia Robinson $23.6 billion in punitive damages against R.J. Reynolds over the 1996 lung cancer death of her 36-year-old husband, the largest single-plaintiff award of Florida's Engle tobacco litigation, but the trial judge called the number constitutionally excessive, an appeals court ordered a full retrial over improper closing arguments, and a second jury returned a complete defense verdict in 2019, so the estate ultimately collected nothing.

Gary, Williams, Parenti, Watson & Gary, P.L.L.C.2014 · First Judicial Circuit, Escambia County, FloridaRead the full story →
$13.5 billionSettlementGroup recoveryCA

Frantz Law Group, representing roughly 5,000 victims, helped negotiate a $13.5 billion PG&E bankruptcy settlement covering tens of thousands of survivors and families from the 2015 Butte, 2017 North Bay, and 2018 Camp wildfires.

Frantz Law Group2020 · U.S. Bankruptcy Court, Northern District of CaliforniaRead the full story →
$4.04 billionSettlementGroup recoveryHI

Leavitt, Yamane and Soldner represented Maui wildfire survivors and victims' families in the $4.037 billion global settlement resolving approximately 450 lawsuits arising from the August 2023 Lahaina fire.

Leavitt, Yamane & Soldner2024 · State and Federal Courts, Maui, HawaiiRead the full story →