GWINNETT COUNTY, Ga. — A judge is deciding if a lawsuit against a daycare company can move forward after a former daycare employee was accused of throwing a toddler to the ground.
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A Gwinnett County judge watched surveillance video Tuesday morning that showed abuse inside a Gwinnett County daycare at the hands of an ex-employee.
“Her testimony was she has lost it, and I think the objective video evidence bears that out,” said Sunshine House attorney James Hankins.
The video from January 2022 shows a former Sunshine House teacher throwing a 15-month-old boy to the ground in Loganville.
The question before the court is whether the daycare company shares liability for what its ex-employee, Christelle Bobich, did.
The family’s attorney, Peter Ross, says Bobich had minimal experience and repeatedly asked for help with seven toddlers.
“Ms. Bobich only had four months at another place. She says she wasn’t even applying for lead teacher,” said Ross.
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However, Hankins says the company followed every state rule.
“She had been approved by the state of Georgia DECAL to be in her position, and including the requiring of passing the required criminal background check,” Hankins said.
Sunshine House maintains that there was no evidence of prior problems.
“There is no similar conduct that’s being alleged that Ms. Bobich had engaged in,” Hankins said.
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In an exclusive interview last year, Matt and Mallory Stevens told Channel 2 Action News their son still suffers from the incident.
“He doesn’t feel safe,” Mallory Stevens said.
Bobich has already pleaded guilty to criminal charges.
The judge will now decide if this lawsuit goes to a jury trial.
“We’ve shown negligence and punitive damage, especially on these egregious facts are in play,” Ross said.
The judge didn’t decide on Tuesday. The decision in the coming days or weeks will determine if this case ends up in front of a jury.
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