Family Settles Day Care Death Lawsuit

Boy died after being tossed to the ground by day care employee

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    NEWSLETTERS

    In his last moments of life, 16-month-old Benjamin Kingan picked up his blanket and crawled to a chair police later said was his "comfort zone."

    A Lincolnshire day care center has agreed to settle a wrongful death case of a toddler who died after being thrown to the ground by a caretaker.

    Amy and Andy Kingan will get $2 million from Minee-Subee in the Park, the full extent of the Lincolnshire day care center's insurance coverage.

    "I just can't believe that my son is gone, you know, and a lot of times when we're sitting eating, I look over at the empty chair he used to sit in and it's hard to believe," Andy Kingan said Friday.

    Fourteen months ago, the Kingans' 16-month-old son, Ben, slipped into unconsciousness and died after a day care worker overwhelmed with fussing children violently tossed the boy to the ground

    The day care employee was charged in Ben's death and the owner of the center charged with obstruction of justice after trying to convince another employee to lie to police.  The center was closed by state authorities.

    The Kingans hope Ben becomes the poster child for vigilant and strict adherence to safety rules and procedures by day care centers across the nation.

    "It's still going to be a life-long journey for us, a life-long goal for us to make sure that what happened to Ben and our family doesn't happen to anyone else," Amy Kingan said.