Baby's death: Daycare mom sued

2005-04-08 22:53

Pretoria - A Roodepoort daycare centre mother is facing a R520 000 damages claim from the parents of a four-month-old baby who died while under her care.

In affidavits before Pretoria High Court, Jan Hendrik Pienaar and his wife Adele of Westdene, Johannesburg, claimed that Maria Engelbrecht of Roodepoort was negligent in caring for their child, Alicia.

The child was in the care of Engelbrecht for a month and 17 days before she died on July 17 2000. The Pienaars claimed the child choked to death.

They said that Engelbrecht, as a daycare mother, did not complete a course in first-aid.

They also claimed that she omitted to keep a properly equipped first-aid box at the centre in spite of her looking after small children.

'Damages for couple's pain, suffering'

The Pienaars claimed Engelbrecht omitted to alert the emergency services in time when she realised Alicia needed medical treatment.

The couple claimed damages for the pain and suffering they had to endure after their child died.

Pienaar said he and his wife were severely depressed. His wife had had to undergo psychological counselling.

He was claiming R269 200 in damages. His wife claimed R262 000 in damages.

Engelbrecht denied that she had been negligent.

She stated that she looked after Alicia since June 1 2000. She said Mrs Pienaar told her Alicia was a colicky baby.

When the mother brought the child to the centre on the day she died, she apparently told the daycare mother that she had had a difficult weekend with Alicia.

'Baby's eyes are flickering'

Engelbrecht said the mother told her the child would not eat her porridge nor drink her milk.

Engelbrecht said she held the baby in her arms later that day while she gave her some tea in her bottle. She later put the child in her bed to sleep.

Engelbrecht said she, however, saw the baby's eyes flickering and she called her husband.

He tried to administer first-aid, but later rushed the child to the Flora Clinic. Alicia was pronounced dead on arrival.

Medical reports issued to court on behalf of Engelbrecht stated that it could not be determined that the baby had died of choking.

But, the Pienaars said the death certificate read that the child did choke to death.

Acting deputy Transvaal Judge President Willie Hartzenberg on Friday postponed the matter to a date still to be determined.

- SAPA