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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

Alongside the American flag and patriotic bunting, a banner unfurls across the roof-line of Jonathan Friedrich's Las Vegas home."Somebody finally has to stand up against these HOAs," said Friedrich's attorney Joel Hansen. "He fought hard for what was right. For truth, justice and the American way!"The banner proclaiming the Rancho Bel Air HOA is guilty of fraud proves Friedrich is not one to shy away from a fight."When you're right, you're right!" said Friedrich. "It's that simple."In addition to the banner, there are a couple of other new residents in Friedrich's front yard: large metal birds painted pink. The pink flamingo is an iconic anti-HOA symbol.Friedrich's battle to prove he's not part of the guard-gated HOA he lives in has lasted nearly six years and cost him more than 0,000."It's outrageous!" exclaimed Friedrich. "This was a simple dispute! Are you or aren't you in the HOA?!"From dollars to donuts, his story's got both. 960

A volcanic island in New Zealand erupted Monday in a tower of ash and steam while dozens of tourists were exploring the moon-like surface, killing five people and leaving many more missing.Police said the site was still too dangerous hours later for rescuers to search for the missing.Police Deputy Commissioner John Tims said the number of missing was in the double digits but he couldn’t confirm an exact number. He said there were fewer than 50 people on the island when it erupted and 23 had been taken off, including the five dead.Tims said experts had told them the island remained unstable but search and rescue teams wanted to get back as quickly as they could. He said there had been no contact with any of those who were missing.He said both New Zealanders and overseas tourists were among those who were dead, missing or injured. He said most of the 18 who survived were injured and some had suffered severe burns.Some of those involved were tourists from the Royal Caribbean International cruise ship Ovation of the Seas.“A number of our guests were touring the island today,” the company said. “We will offer all possible assistance to our guests and local authorities. Please keep all those affected in your prayers.”The cruise ship, which had left from Sydney last week, was scheduled to sail to the capital Wellington on Monday night but the company said it would instead remain in the Tauranga port overnight until it learned more on the situation.“My god,” wrote Michael Schade on Twitter as he posted video of the eruption. “My family and I had gotten off it 20 minutes before, were waiting at our boat about to leave when we saw it. Boat ride home tending to people our boat rescued was indescribable.”His video showed a wall of ash and steam around the island and a helicopter badly damaged and covered in ash. He said one woman was badly injured but seemed “strong” by the end.White Island sits about 50 kilometers (30 miles) offshore from mainland New Zealand. Already people are questioning why tourists were still able to visit the island after scientists recently noted an uptick in volcanic activity.Prime Minister Jacinda Ardern traveled to the region late Monday. She said the incident was “very significant.”“All our thoughts are with those affected,” she said.Australian Prime Minister Scott Morrison said he’d offered Ardern his support.“Australians have been caught up in this terrible event and we are working to determine their wellbeing,” Morrison wrote on Twitter.Brad Scott, a volcanologist with research group GNS Science, said the eruption sent a plume of steam and ash about 12,000 feet (3,660 meters) into the air. He said it had also affected the whole of the White Island crater floor.The GeoNet agency, which monitors volcanoes and earthquakes in New Zealand, raised the alert level on White Island from one to two on Nov. 18, noting an increase in the amount of sulfur dioxide gas, which originates from magma deep in the volcano. It also said at the time that over the previous weeks, the volcanic tremor had increased from weak to moderate strength.Scott said the alert level was often raised and then later dropped again without any eruption. He said there hadn’t been any major incidents with tourists visiting the island in the past, although there had been some close calls.Scott said it was not for him to say whether the island was safe enough to host tourists immediately before Monday’s eruption.Ardern said the focus remained on the search and rescue mission for now and questions about whether tourists should be visiting would be addressed later.GeoNet at first raised its alert level to four, on a scale where five represents a major eruption. It later dropped the alert level back down to three. Scott said that was because the eruption wasn’t sustained beyond the initial blast.“In the scheme of things, for volcanic eruptions, it is not large,” said Ken Gledhill from GeoNet. “But if you were close to that, it is not good.”White Island is northeast of the town of Tauranga on North Island, one of New Zealand’s two main islands. Experts say it’s New Zealand’s most active cone volcano and about 70% of the volcano lies under the sea.Twelve people were killed on the island in 1914 when it was being mined for sulfur. Part of a crater wall collapsed and a landslide destroyed the miners’ village and the mine itself.The remains of buildings from another mining enterprise in the 1920s are now a tourist attraction, according to GeoNet. The island became a private scenic reserve in 1953, and daily tours allow more than 10,000 people to visit the volcano every year.The island is also known by the indigenous Maori name Whakaari. 4704

A wet spring in Las Vegas has spawned hordes of grasshoppers so large, they're showing up on the weather radar.In viewing the radar, CNN meteorologist Allison Chinchar said it looked like there were two storms over the Vegas area: one north of the city (that was actual rain) and another right over Las Vegas. But the second one wasn't moving as rain normally would, she said."It looked as though it should be torrentially downpouring in Las Vegas," said Chinchar.By changing the settings on the radar, meteorologists could see that the other "storm" was actually the massive hordes of grasshoppers that have settled over the city in recent days, Chinchar said. 673

A New York appellate court ruled Thursday that a defamation lawsuit brought against President Donald Trump by a former "Apprentice" contestant can move forward.A lawyer for Trump said he plans to appeal the decision.Trump had appealed a lower court's ruling last year that allowed the case to proceed, arguing that the Constitution's Supremacy Clause bars a lawsuit against a sitting president in state court because it would interfere with his duties.Mariann Wang, the lawyer for the plaintiff, Summer Zervos, argued that a president is not above the law and said the US Supreme Court's ruling in Clinton v. Jones backs up her argument that Trump can be sued in state court.Judges in the appellate division of the first judicial department agreed with Zervos, saying the Supreme Court's decision "did not encroach upon the exercise of the executive powers of the President" and that the Supremacy Clause was "never intended to deprive a state court of its authority to decide cases and controversies under the state's constitution."Zervos is suing Trump for defamation after he publicly called her a liar following her claims in October 2016 that Trump sexually assaulted her a decade earlier."We are very pleased that the First Department has affirmed once again that (Trump) 'is not above the law,'" Wang said in a statement Thursday. "The case has proceeded in the trial court and discovery continues. We look forward to proving to a jury that Ms. Zervos told the truth about Defendant's unwanted sexual groping and holding him accountable for his malicious lies."Two of the five judges dissented to part of the ruling, and cited the majority's interpretation of the constitutional issues at hand as a reason.In a statement, Trump's attorney Marc Kasowitz laid out his plan to appeal the latest decision."We believe that the well-reasoned dissenting opinion by two of the five justices, citing the US Supreme Court decision in the Clinton v. Jones case, is correct in concluding that the Supremacy Clause of the US Constitution bars state courts from hearing cases against the President while he or she is in office," Kasowitz said. "We will seek to appeal the majority decision to New York's highest court, the Court of Appeals, which we expect will agree with the dissent." 2291