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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

A school bus driver was arrested after she overdosed while driving and crashed into a tree, Newark police said.The driver, Lisa Byrd, was transporting a dozen students from 14th Avenue School in Newark when the vehicle crashed into a tree on Wednesday, officials said in a statement.When first responders arrived, police said they revived the 57-year-old woman with Narcan -- a drug that instantly reverses the effects of overdose from heroin and other opioids.The students, ages 5 to 13, were not injured, police said.Byrd, who was taken to a local hospital, is facing 12 charges of endangering the welfare of a child, driving while impaired and possession of drug paraphernalia, police said.It was not immediately clear whether Byrd has an attorney."Endangering the lives of Newark children is something we will not tolerate," said Newark Mayor Ras J. Baraka in a statement. "We are grateful that none of the students were injured and that no other residents were harmed due to this incident."The company employing the driver, F&A Transport, has been "removed from transporting children" until an investigation is completed, Newark Public Schools said in a statement.CNN has reached out to the company for comment.The-CNN-Wire? & ? 2019 Cable News Network, Inc., a Time Warner Company. All rights reserved. 1328

A rare celestial event is about to take place over the morning skies of the United States on Monday involving the Sun and the planet Mercury. According to NASA, Mercury will pass directly between the Sun and Earth, causing a small part of the Sun to be obscured by Mercury’s shadow. Although the effect is similar to a solar eclipse — where the moon passes between the Sun and Earth — traditional solar eclipse glasses will not work for Monday’s transit. Whereas the moon is capable of blocking all of the Sun’s light from reaching the Earth, Mercury’s size and distance means only a fraction of the Sun will be blocked. That does not mean you’re out of luck. More than 60 astronomical groups across the United States will host viewing parties to allow the public to witness the rare celestial event. A telescope with a solar filter will make it possible for people to witness the transit. The transit will begin around 7:35 a.m. ET on Monday and last over 5 hours. For those in the western half of the U.S., the transit will last for a few hours after sunrise, allowing for most Americans the opportunity to witness the transit. The next transit of Mercury will not be visible until 2032. To find a viewing event near you, click 1242

A new survey examines the role of mental health in the workplace, and the results show that millennials and those part of Generation Z have left jobs for mental health reasons. According to the survey from 218

After years of telling customers that they should not clean their iPhones with alcohol wipes, Apple has reversed course as the world deals with the coronavirus outbreak.Apple recently updated its 208

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