Parents file negligent lawsuit after 3-year-old child dies at day care

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by Rucks Russell / KHOU 11 News

khou.com

Posted on July 25, 2013 at 6:16 PM

Updated Thursday, Jul 25 at 6:20 PM

Kidizone

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HOUSTON -- Parents of a small girl who died suddenly at a southwest Houston day care center in February are still grieving like it just happened.

“It’s been over five months and I still cry about it,” said Rohan Stanley. “It’s just hard to think about.”

Three-year-old Rayne Stanley was left alone in a bathroom at the Kidizone Academy day care even though she suffered from chronic asthma and had small attack hours earlier.

"You basically can’t breathe,” Stanley said. “Just think about not being able to breathe and being a three-year-old toddler trying to open up a restroom door by yourself."

An official autopsy listed the cause of death as bronchial asthma.

The day care's owner said the parents never informed her of how severe the asthma condition was, and that she performed CPR and did everything she could to save Rayne's life.

She also called what happened a terrible accident.

Attorney Jason Gibson has filed a lawsuit accusing Kidizone of neglect.

“I wouldn't use the word accident at all,” Gibson said. "You're entrusting the life of your child to a day care. You would expect the employees who work there would be adequately trained."

11 News pulled the center's inspection records from the Texas Department of Family and Protective Services, which cited Kidizone last year for employing caregivers who were not certified in first aid.

Rayne's parents admitted they never did their homework.

"The day care was right across the street so it was easy,” Stanley said.

He called dealing with the loss of a child almost unbearable.

"I don't know if the pain will ever go away," Stanley said.

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