COVINGTON, Ky. — The family who filed a wrongful death lawsuit against the Covington day care where their infant died claims the facility's employee may have been "under the influence of marijuana" the day their 4-month-old was found unresponsive.
Their lawsuit claims the Little Treehouse Learning Center was negligent, alleging some employees lacked CPR and first aid training. They also point to a history of safety violations going back years. New allegations point to a traffic stop from earlier that day, which makes the family believe even more that the facility was responsible for their child's death.
"One of the most difficult calls I had to make to advise my clients of what we had discovered," said Brandon Voelker, the attorney for the family.
On Feb. 7, Covington police responded to the Little Treehouse Learning Center for a reported unresponsive infant. Calls obtained by WCPO 9 show an employee called 911 and told dispatchers she discovered the child was not breathing while checking on him as he slept.
In the family's amended lawsuit, it says earlier that morning, one of the day care's employees was pulled over for speeding and marijuana possession.
A Fort Thomas police report says an officer "detected the smell of burnt marijuana" coming from the car, and saw "a plastic package of THC gummies" in the woman's purse. Court documents say the officer searched the car and found "several small burnt marijuana roaches in the ashtray." The officer cited and released the woman.
The lawsuit says the woman making the 911 call was the same woman pulled over that day. WCPO 9 News obtained that call and here was just one of the exchanges with the operator:
911 operator: Is there somebody else in there helping you?
Woman: No, I didn't want to freak anybody out.
The lawsuit claims the woman was "under the influence of marijuana" arguing her actions were "negligent, wanton and/or reckless." It said this came after the "child was not properly placed down for a nap, and aspirated and ultimately choked."
The timeline in the lawsuit says at 2 p.m. employees gave the infant a bottle. At 2:28 p.m. they laid him down for a nap. At 3:39 p.m. employees called 911 because the baby was unresponsive.
911 operator: How long do you think he's not been breathing for?
Woman: Maybe 30 minutes.
911 operator: 30 minutes no breathing?
Woman: Yeah.
"How in the world is there 30 minutes have elapsed before a call is being made to 911," Voelker said. " I think it just, my client's big concern is what in the world was going on."
WCPO reached out to the lawyer representing Little Treehouse Learning Center.
"The police report you reference does not state or indicate in any manner that (the employee) was under the influence of marijuana on February 7, 2025," Jason Abeln said in part. "(She) was not cited for driving under the influence and was released to drive from the scene, which would not have occurred had she been suspected of impairment. Possession does not equate to consumption and to the Center's knowledge, at no time have the investigating police officials treated (her) as if they suspected her of marijuana use on February 7, 2025. In fact, the police investigation has not resulted in any criminal charges and the Covington Police Department has stated it has found no evidence any crime was committed. Allegations in a Complaint are not facts and should not be reported as such."
WCPO also contacted the Kentucky Cabinet for Health and Family Services. A representative said, "Team Kentucky is committed to the well-being of our children and ensuring all child care facilities provide a safe environment. Due to the ongoing investigation, we cannot provide comment at this time."
