Duval County Jury Awards $8.1 Million After Toddler Suffers Brain Damage at Jacksonville Daycare

On October 1, 2020, a one-year-old boy was given a 1.5-inch apple slice during snack time at Primrose School of Glen Kernan, a franchise daycare on Jacksonville's Southside. The slice lodged in his throat, blocking his airway. Staff attempted the Heimlich maneuver while a co-worker called 911. The 911 operator guided the staff through CPR. Six minutes into the call, the obstruction partially cleared, but by then the child had gone into cardiac arrest.

Paramedics transported him to the hospital, where surgeons removed a 1.5-inch piece of apple. He remained intubated for seven days. His parents say he sustained brain damage from the oxygen deprivation, with the full neurological picture still developing as he grows.

The family filed suit against KSM School III, LLC, operating as Primrose School of Glen Kernan, along with two staff members and the school's insurer, Liberty Mutual Insurance Co. The complaint alleged the staff were not properly trained to prepare food for infants and toddlers, and that the school failed to follow safe-feeding protocols for that age group.

A Florida Department of Children and Families investigator testified at trial that when she reviewed photographs of the apple slices after the incident, she found no violation because the photos depicted half-inch pieces. She told the jury that had she seen the actual 1.5-inch slice removed during surgery, she would have found the school out of compliance with state licensing standards.

Settlement negotiations broke down and the case went to a Duval County jury. In April 2024, the jury returned a verdict of $8,183,993.64, allocating $183,993.64 for past medical expenses and $8,000,000 for future damages. The school filed a motion for a new trial and indicated plans to appeal. A final amended judgment issued April 15, 2024, and a satisfaction of judgment was recorded July 24, 2024, after the minor's claim settlement received court approval on June 14, 2024.