La Petite Academy v. Kamerzel

James Kamerzel, IV (Jimmy), who was three years old at the time, fell off the steps of a slide on the playground of the defendant day-care facility, La Petite, and broke his arm. Jimmy’s parents filed suit against La Petite alleging negligent supervision. During trial La Petite argued to the jury that it was not negligent and that “children will be children.” After a defense verdict, the trial judge was persuaded by counsel for the plaintiffs that he had erred in refusing to instruct the jury in regard to concurring cause and granted a new trial. La Petite challenges that ruling on appeal.

Flor…