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A Northeast Ohio couple is suing a day care in Bay Village, claiming staff members held down their son and physically restrained him because he wouldn't take a nap.The lawsuit lists as defendants the day care itself, Bay Village Kiddie Kollege, as well as the owner of the day care, the administrator and three employees believed to be involved in the incident.January 17, 2019On January 17, 2019, Melissa Laubenthal was in her kitchen with her six-week-old son when her husband, Will Kesling, came home with their toddler son and told her they had to look at him right away.When Kesling picked up his son, who was nearly 2.5 years old, at Bay Village Kiddie Kollege, the day care he'd attended since he was three months old, he said his son was sitting with a teacher, crying. He said that the teacher said there was a "sheet up front for him," which Kesling assumed was an incident report, typically given to a parent when "your kid bumps their head or gets a scratch," Kesling said.When he went to put the child's coat on, he saw "giant bruises on his neck.""I’m like, 'What are these?' And she’s like, 'Well, there’s a sheet up front,'" Kesling said. "I was like kind of perplexed. I’m like, well, this is odd, normally you get an explanation."Another teacher up front, Kesling said, suggested that "maybe he did that himself, maybe he pinched himself" about his son's injuries."I was just dumbfounded," Kesling said.What happened nextKesling and Laubenthal fed their son dinner as Laubenthal called the day care for an explanation."'What happened, can you give me any answers here?' I got the run-around," Laubenthal said. "They wouldn’t be straightforward with me."The couple took photos of the child's injuries, then took him to the emergency room to be checked out. He later spent the night at the hospital."He had bruises on his face, on his neck, on his shoulders and on his back," Laubenthal said, recounting the incident nearly a year later and choking up."I was furious and then [the day care] tried to sweep it under the rug," Kesling said. "They tried to do an observation report as if he came to school this way and you sent him that way."The lawsuit, and the day care's responseThe lawsuit, filed by attorney Hannah Klang on behalf of the family, claims a police investigation found that staff used physical restraints and abuse because the child wouldn't take a nap.An investigation by Bay Village police narrowed down the time frame in which the child's injuries occurred, but because a security camera system in the day care was not recording on January 17, police noted in a report that they were not able to determine which exact individual caused the injuries and that there was not sufficient evidence to file criminal charges against the three day care staff members involved.The Ohio Department of Jobs and Family Services said that if events happened as the day care center described them, then the incident wouldn't rise to the level of needing to be reported to the state.A January 29, 2019 inspection by ODJFS investigating the complaint about that incident could not substantiate that a staff member caused bruising to the child but did substantiate a "derogatory comment."The owner of Bay Village Kiddie Kollege, who is one of the defendants listed in the lawsuit, gave News 5 a statement by phone, saying, "The safety of our children is our number one concern, and it has been for 47 years. We have not yet received the complaint and will continue to respect the privacy of our children, families and employees. Unable to comment further at this point."The aftermathKesling and Laubenthal said their son was traumatized after the incident."Regression in terms of his speech and bedtime and potty and all of the things that he was able to do well. It was really hard," Laubenthal said.Laubenthal added that her son had seen a sleep specialist and play therapist but also experienced night terrors. He is now back in a day care setting, according to his parents, but they don't know what the long-term effects of this incident might be."I don’t know what he really remembers and that’s what’s so scary about this, so we don’t know what we’re dealing with," Laubenthal said. "But my hope is that he would be a happy, well-adjusted little guy."That also makes it difficult to ask for damages in a case like this, according to attorney Hannah Klang."One of the toughest parts about a case like this is that you’re dealing with a child who has now had an adverse child experience," Klang said. "You don’t know how that’s going to materialize later on in life, so you don’t know what treatment he’s going to end up needing later on."For now, these parents want someone to answer for what happened to their child."People pay good money and trust this place with the care of their little ones," Kesling said. "It makes you really angry." 4873

Americans are expected to spend more than billion for Valentine's Day this year, according to the National Retail Federation. While it probably comes as no surprise that at least half of that dollar figure will be spent on spouses and significant others, .7 billion will be spent on pets, the NRF found. That figure means the average consumer will spend .21 on pets this year. Spending on pets for Valentine’s Day has seen a huge increase over the years. In 2010, Americans collectively spent 0 million on pets. “We’ve always heard of puppy love, but pets are definitely seeing a larger share of Valentine’s Day spending,” Prosper Insights Executive Vice President of Strategy Phil Rist said. “Husbands and wives don’t need to be worried if their spouses are buying a Valentine’s Day gift for someone else – most likely it’s greeting cards for their children’s class at school, flowers for a family member or maybe a treat for the family dog.”Overall, Valentine’s Day spending is expected to jump from .7 billion in 2019 to .4 billion in 2020. The NRF expects that consumers will spend .1 billion on significant others, .2 billion on other family members, .1 billion on friends, .8 billion on co-workers and .5 billion on others. The total dollar figure spent by Americans on Valentine's Day has nearly doubled in the last decade. The average expected spending went from 3 to 6 per person over the last decade. The NRF estimates that 37% of all Valentine’s Day spending is on flowers, followed by 34% on an evening out, and 21% on jewelry. Men plan to spend more than women at 1.15 compared with 6.22, according to the study. 1679

A study released Wednesday by the British Medical Journal claims that vegetarians could have a higher risk of a stroke than meat eaters.The study followed more than 48,000 participants in the UK for nearly 18 years. The study placed participants in three groups: Meat eaters, fish eaters and vegetarians. The study claims that vegetarians were 20 percent more likely to have a stroke than meat eaters, which equaled to be three additional haemorrhagic stroke victims per 1,000 participants. Before you change your eating habits, you should know that meat eaters were more likely to develop a heart disease than vegetarians. The difference between meat eaters and vegetarians was 10 additional cases of heart disease per 1,000 participants. According to the British Medical Journal, previous studies on the correlation between a vegetarian diet and strokes only reported stroke mortality. In those studies, there was no significant difference between vegetarians and meat eaters in stroke mortality. The study did adjust for self reported high blood pressure, high blood cholesterol, diabetes, and body mass index, which suggests that part of the associations might be attributed to these factors, it says."However, the lower risk in vegetarians and vegans remained marginally significant after adjustment for all of these factors," the study said.To read the full study, click 1389

A ticket sold in New York matched all the numbers for the 5 million Mega Millions jackpot. The winning numbers were pulled on New Year's Day. The cash option is 4 million.The jackpot ticket was sold in Long Island, New York at Brookville Auto Service Inc.The Mega Millions website lists one jackpot winner in New York. Three "Match 5" winning tickets were also sold in New York, as well as in Ohio, South Carolina and Texas. A "Match 5 +" Megaplier ticket was sold in Pennsylvania. You can check your numbers 531

Actor Kevin Spacey appeared at a Nantucket courthouse and a plea of not guilty was entered on his behalf, in connection with accusations that he allegedly groped an 18-year-old busboy at a bar on the island.Spacey, the 59-year-old Hollywood actor, was arraigned on a charge of indecent assault and battery, a felony charge that comes with up to five years in prison.Prosecutors asked that he stay away from the alleged victim and his family, and the court agreed. Defense attorneys asked the court to preserve cell phone data and other text messages from the victim from the date of the incident until six months afterward, which defense attorneys said would be "likely exculpatory" for Spacey.The next court appearance is scheduled for March 4. The judge agreed to waive Spacey's right to appear at that hearing at the downtown Nantucket courthouse, but he must be reachable by phone.The charge stems from an incident in July 2016 at the Club Car, a restaurant and bar on Nantucket. According to the 1013