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Father sues preschool for child battery

FLORIDA RECORD

Saturday, November 23, 2024

Father sues preschool for child battery

State Court
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TAMPA -- A parent is suing a preschool for his child allegedly being hit by a teacher. 

Roberto Rodriguez, on behalf of S.R, minor child, filed a complaint on August 25 in Hillsborough County Civil Court against Zakevia Gibson and Carlton Academy Day School for battery and intentional infliction of emotional distress. 

According to the complaint, S.R. is a minor child of 5 years old. On June 11, 2021, S.R. was allegedly was playing a game with friends, during which the children pretended that they had bugs on them and were hitting the bugs off of them with a book. 

This game was witnessed by Gibson, one of S.R.'s teachers and an employee of Carlton, who allegedly only witnessed S.R. hitting one of his friends with a book. Gibson struck S.R. in the face with a book and scolded S.R., asking how he would like it if someone hit him with a book, the suit alleges. 

When Rodriguez came to pick S.R. up from Carlton, S.R. had puffy eyes and had appeared to be crying, the suit says. Rodriguez asked what happened and S.R. looked at Gibson and said "I'm OK," the suit says. 

After leaving, Rodriguez again asked S.R. what happened and S.R. told his father about the incident, the suit says. Rodriguez followed up with Michelle Wegner, Carlton’s director, several times after the incident to inquire what steps Carlton was taking to address the incident, and on June 25, 2021, Carlton terminated Rodriguez’s contract, essentially kicking S.R. out of Carlton, the suit claims.

Rodriguez is represented by J. Carlton Mitchell of Older Lundy Alvarez and Koch. 

Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County Florida, General Civil Division filing number 133390432

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