Ward v. Forrester Day Care, Inc.

The issue presented by this appeal is whether the doctrine ofres ipsa loquitur should apply to an injury allegedly occurring to an 11-week-old child while he was in a day care center.

On April 29, 1987, Radney Garrett Ward, an 11-week-old baby boy, was left at Forrester day care center in Dothan, operated by the defendant. The parents of baby Garrett, Radney Ward, Sr., and Margaret Ward, did not see their child until approximately 5:30 or 6:00 that afternoon, when he was picked up by Radney Ward, Sr. When the child was lifted out of his chair that afternoon, he screamed "a very unusual…