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EDOSOMWAN EX REL. EDOSOMWAN v. A.B.C. DAYCARE & KINDERGARTEN

2080465.

32 So.3d 591 (2009)

Etinosa EDOSOMWAN, a minor, by and through his mother and next friend, Betty EDOSOMWAN v. A.B.C. DAYCARE AND KINDERGARTEN, INC.

Court of Civil Appeals of Alabama.

September 11, 2009.

Attorney(s) appearing for the Case

Obinna K. Mbanugo of Kenn Law Firm, LLC, Birmingham, for appellant.

C. Peter Bolvig of Hall, Conerly & Bolvig, P.C., Birmingham, for appellee.

THOMAS, Judge.

On January 17, 2007, Etinosa Edosomwan, a four-year-old boy, was enrolled at A.B.C. Daycare and Kindergarten, Inc. ("the day-care facility"). As Etinosa got up from his nap cot, which was three inches above the floor, he tripped or became tangled in the sheet covering his nap cot. Etinosa fell, and he began crying. One of the teachers assigned to Etinosa's room, Essence Lewis, responded to Etinosa's cries by coming to his assistance. She asked if he...

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