Indiana woman seeks $700,000 over son’s day-care death

A Michigan City woman wants the state to pay her $700,000 for what she believes was its role in her 5-year-old son’s accidental death.

Anita LeFlore’s son, Amareon Williams, suffocated June 9, after he became tangled in a jump rope while playing on a wooden fort in the yard of Tricia’s Playhouse and Day Care in Michigan City. His body was found hanging from the play structure.

Amareon’s caregivers — day care owner Tricia Calvin and employees Stephanie Johnson and Erica Merriweather — each face felony counts of involuntary manslaughter and reckless homicide accusing them of failing to supervise the boy, resulting in his death, LaPorte Superior Court records show.

In a tort claim notice sent last week, LeFlore says state officials share responsibility for her son’s death. She claims they failed to notify her about problems in the day care, failed to ensure those problems were fixed and failed to close down the day care before Amareon died.

At the time of Amareon’s death, Calvin’s licensed day care had been on probation since May 1 for multiple violations, including inflicting cruel and unusual punishment and failing to immediately report suspected child abuse, inspection records show. State officials ordered it closed after Amareon died.

Bryan Corbin, spokesman for the Indiana attorney general’s office, said LeFlore’s tort claim notice is still under review. The notice was served on the governor, attorney general and Indiana Family and Social Services Administration, notifying them that unless the state agrees to pay $700,000 in damages, a lawsuit would follow.

FSSA spokeswoman Marni Lemons said Tricia’s Playhouse and Day Care was not immediately ordered to shut down after the inspection because state law allows day cares an opportunity to correct violations during a probationary period.

Lemons said the state mailed notices about the probation to all parents whose names and addresses appeared on a list provided by Calvin. LeFlore wasn’t notified because her name did not appear on that list, Lemons said.

One of LeFlore’s attorneys, Mark Novak, said Amareon typically attended another day care that Calvin owns in La Porte.

“If (LeFlore) had known of the very serious violations that Tricia’s Playhouse and Day Care committed, she would have strongly considered ... not bringing her child to either facility,” said Jay McCarron, another attorney representing LeFlore.

Calvin’s La Porte-based facility still is operating, state records show. That licensed home day care is on probation for several violations, including missing training records and having a person on staff without up-to-date tuberculosis test results.

LeFlore also has a pending civil lawsuit against Calvin alleging that the day-care operator failed to properly supervise Amareon. Neither of Calvin’s attorneys, Richard Neal Shapiro or Lazar Scott Pejic, could be reached Friday for comment.

Call Star reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.