Larry Ex Rel. Kmiec v. Commercial Union Insurance

This action was commenced on behalf of Carla Larry, a minor, to recover damages sustained by Carla for a personal injury she suffered while attending Great Zion Day Care and Nursery.

The accident occurred late in the afternoon on May 6, 1975, Carla’s second day at the day care center. She was two years, three months old at the time. Although no witness to the accident was able to testify at trial, Sharon Thacker, the director of the day care center and a teacher there at the time, testified as to what the children told her.

Carla had gone to the restroom adjoining the classroom and another…