Silbernagel Ex Rel. Silbernagel v. Maranatha Baptist Church, Inc.

BRYAN, Judge.

The plaintiff below, Caleb Silbernagel (“Caleb”), by and through his father and next friend, Sean Silbernagel (“Sean”), appeals from a summary judgment in favor of the defendant below, Maranatha Baptist Church, Inc. (“Maranatha”). We affirm.

Sean, as Caleb’s father and next friend, sued Maranatha, alleging that, on August 31, 2005, when Caleb was approximately three months old, the employees of the day-care facility operated by Maranatha negligently or wantonly caused a spiral fracture of the femur bone in Caleb’s right leg. Answering, Maranatha denied liability-

Subsequently,…