Verdict delivered in KinderCare civil trial

A jury exonerated a KinderCare employee accused of child abuse, but it wasn't unanimous.

All 12 jurors did find the conduct of State College KinderCare Learning Center to be outrageous and malicious, according to court documents.

The lawsuit, which was filed in 2014, said Chris Miley exerted a severe and life-threatening force on the child's back so he would lie down for nap time.

Two jurors found the conduct of Miley to be negligent, but the 10 remaining jurors said she was not negligent. None of the jurors found her conduct to be outrageous and malicious.

Jurors were asked to attribute a percentage of negligence to both Miley and KinderCare and 100 percent of the negligence was attributed to KinderCare.

Jurors awarded $5,000 for past pain and suffering, $5,000 for past enjoyment of life, $5,000 for past mental anguish and $5,000 for past humiliation.

Jurors also imposed $80,000 in punitive damages against KinderCare, for a total award of $100,000.

Edward Greenberg, one of the attorneys for Miley and KinderCare, claimed the mother coached her son to provide investigators with rehearsed answers. Greenberg's closing argument questioned the mother's credibility and her motive for filing the lawsuit on behalf of her son.

Julian Allatt, one of the attorneys for the mother and son, said Greenberg's argument was not valid because any damages awarded would go into a trust that could only be used for the child, not the mother.

This story was originally published April 17, 2018 at 9:56 AM with the headline "Verdict delivered in KinderCare civil trial."