CLARION-LEDGER (Mississippi) 31 May 07 Dad files lawsuit in snake case - Suit says Just Kids day-care workers were negligent in bite incident (Elizabeth Crisp)
The father of a 4-year-old girl bitten by a snake on the playground of a Madison day care earlier this month is suing the facility's employees.
Billy J. Green of Holmes County alleges day-care workers at Just Kids were negligent with his daughter, Nichole Spiars, and that they failed "to adequately supervise and care for Nichole," according to court documents.
The complaint, which states one side's legal argument, was filed Tuesday in Madison County Circuit Court.
The girl's family is seeking unspecified monetary damages.
"We just want to know how one of her classmates could have picked up a snake on the playground and how Nichole could have been bitten by the snake if the day-care workers were doing their jobs," Green's attorney, Eddie Abdeen said.
Green has not filed a complaint with the state Department of Health, which regulates licensed child-care facilities, Abdeen said.
Nichole, who was bitten May 9, has recovered and is "doing fine" now, he said.
She was treated with antivenin at the University of Mississippi Medical Center and stayed overnight. She has not returned.
Just Kids director Tammy Warrington said she did not know specifics of the lawsuit and would not comment on it Wednesday.
In a previous interview, Warrington said her employees were on the playground and did everything they could to help the girl, including identifying the snake and seeking medical attention.
The lawsuit, filed against the day-care operator and unnamed employees, misidentifies the director of Just Kids.
Abdeen acknowledged making the mistake and said an amended complaint will be filed today with the correct name.
The attorney said he and his client believe Just Kids has a surveillance video that shows Nichole being bitten. "The video evidence will speak for itself," he said.
The lawsuit also alleges employees failed to "take corrective and/or preventative action in relation to the grounds and surrounding lots of Just Kids so as to allow and/or permit a habitat conducive to the attraction of snakes."
The day care, located on Madison Avenue, did not have weeds or debris on the playground when Nichole was bitten, Warrington previously said. Just Kids also has a wooden fence surrounding the playground.
"There's not much else we can do," Warrington said at the time.
There is a large ditch across the street, and a lot directly behind the daycare had been overgrown. The grass in that area, which is not owned by Just Kids, since has been cut.
Dad files lawsuit in snake case