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Lawsuit Reveals Negligent Childcare Led to Infant Death at Local Daycare

In July, the parents of Tayvon Tomlin hired our firm to represent them after Tayvon’s wrongful death at a local daycare. Tayvon was just nine months old when he died while in the care of Lincoln Marti Daycare in Homestead.

Our firm has obtained surveillance footage from the day of Tayvon’s death, which we have released to the public. The footage is difficult to watch, but it is relevant to every parent who has entrusted their children to Lincoln Marti.

“The video shows that this daycare did not provide its staff with adequate training. They clearly did not know how to perform appropriate CPR,” said Stephen Cain.

The lawsuit has also revealed that Lincoln Marti did not have adequate staff at the facility. Florida law sets forth the minimum standards with respect to the ratio of childcare provider to infant. That law specifies that there must be at least one childcare provider for four infants. Here, however, it appears Lincoln Marti set its staff up to fail, assigning one childcare provider to supervise eight infants.

"It's a violation of the DCF standards, and it’s unacceptable, and unfortunately, it led to this outcome," said Michael Levine.

“This case is about holding the daycare accountable, bringing this family justice, and ensuring that our community’s daycares are safe so this never happens to another family again,” added Michael.

To learn more, check out the recent coverage on this case: