LePage v. Horne

Opinion

KATZ, J.

This appeal arises from the tragic death of a seventy-five day old infant of sudden infant death syndrome (SIDS) while under the care of her day care provider. The defendant, Barbara Horne, doing business as Barbara’s Child Care (Barbara’s), appeals from the judgment of the trial court1, rendered after a jury trial, in favor of the plaintiff,2 Mary Katryn T. LePage, as administratrix of the estate of her daughter, Shelby Brooke LePage (Shelby). The dispositive issue on appeal is whether the plaintiff was required to introduce expert testimony to establish the requisite standard…