WINFIELD – The father of a 5-year-old boy has sued a Hurricane daycare center and staff alleging the child was physically and verbally abused over several days last month.
In the complaint, Joey Ashworth also says the facility failed to report and properly investigate the alleged conduct.
Ashworth filed the complaint September 23 in Putnam Circuit Court against My Family Daycare and Preschool, Josslyn Forth and Kelley Matusic on behalf of his child, identified only as B.A.
According to the complaint, B.A. attended the center on Hospital Drive and was in a classroom taught by Forth. It alleges the boy was subjected to a pattern of physical and emotional abuse from August 17 to August 21.
The complaint says another child spit on B.A. in one incident. But when B.A. reported it to Forth, the complaint says Forth grabbed the child “by his face” and made him sit alone for several hours as punishment.
The lawsuit also alleges Forth called B.A. a “moron” and told him, “it’s a good thing your mother loves you.”
The suit also says Matusic, identified as the daycare’s director, failed to meet her obligations as a mandated reporter under West Virginia law by not reporting suspected abuse or neglect within the required time. It also alleges that a mandated reporter at the facility was fired after reporting Forth’s conduct.
West Virginia’s mandated reporting statute generally requires child care workers and other specified professionals who have reasonable cause to suspect child abuse or neglect to report it immediately, and no later than 24 hours after the suspicion arises, according to the statute quoted in the complaint.
The suit alleges Matusic failed to comply with that requirement and failed to investigate potential misconduct or complaints involving treatment of children.
The complaint also alleges the daycare negligently hired, trained, supervised and retained Forth and Matusic. It says the business failed to adequately screen employees, monitor them and investigate their backgrounds before placing them in positions working with children.
The filing seeks to hold My Family Daycare liable for the alleged conduct of its employees under agency and respondeat superior theories. The complaint asserts claims for negligent hiring, negligent supervision, negligent retention, negligence, negligent infliction of emotional distress and the tort of outrage.
Ashworth claims his child suffered physical, psychological and emotional injuries. He is seeking compensatory damages, including damages for past and future pain and suffering, emotional and mental anguish, loss of enjoyment of life, humiliation and inconvenience, as well as punitive damages and any other relief a jury or court finds appropriate.
The plaintiffs are being represented by Michael Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Phillip M. Stowers.
Cary filed three other lawsuits against My Family Daycare in 2024 accusing a worker of abusing children.
Putnam Circuit Court case number 26-C-205
