FRANKFORT, Ky. (Legal Newsline) - You asked for it, the Kentucky Court of Appeals has told a woman upset with the amount a jury awarded her in a lawsuit alleging her kids were abused at a daycare.
The court ruled Aug. 4 against the arguments of Rhonda Beinlein, whose two children attended Kidz University in Louisville in 2015. Video footage verified director Carrie Blankenship was shoving, hitting and cursing at children.
Beinlein's issue came after a jury found Kidz University vicariously liable and awarded her $26,500. Beinlein wanted Kidz to be on the hook for a $650,000 default judgment against Blankenship.
Beinlein argued on appeal that it was an error to have the jury determine damages instead of setting them at $650,000. But it was her idea, the appeals court ruled, citing her request for a one-day trial on damages.
"Beinlein claims to have preserved this error in both her motion for partial summary judgment and in her motion for judgment notwithstanding the verdict," the decision says. "In both instances, we find this argument waived.
"While Beinlein requested the trial court enforce the default judgment damage award against Kidz University in her motion for partial summary judgment, Beinlein subsequently filed a renewed motion for partial summary judgment asking the trial court to enter an order setting the matter for a one-day jury trial on damages.'"
Kidz argued in its appeal there was no evidence Blankenship's abuse of students was in the scope of her employment, but both courts have found her abuse was at least in part a botched effort to discipline students.
It cites a video of a child sitting between two others on a long bench. Blankenship grabbed him, pushed him to the floor and said "I'm tired of you doing that type of stuff - sitting right on tops of kids."
The child refused to apologize, and Blankenship pulled him up by the arm, saying "OK then, take a nap, that's all there is to it. Now you're done."
"From this evidence, a jury could reasonably conclude that Blankenship believed she was disciplining children as part of her job," the decision says.
Blankenship's affidavit said she let her "frustration and anger and stress get the better" of her. She pleaded guilty to two counts of fourth-degree assault. The daycare permanently closed.