Judge to schedule trial in Del. day care death lawsuit

WILMINGTON, Del. – A Delaware couple who filed a wrongful death lawsuit after their infant son died at a home day care center has lost a bid to have a judge rule in their favor without a trial.

We’re told that Carlita and Charles Laws argued that they were entitled to summary judgment because day care owner Valorie Handy’s conviction for criminally negligent homicide prevented her from arguing that she is not civilly liable for negligence.

Last week, the judge denied their motion for summary judgment.

Handy was convicted in 2016 of criminally negligent homicide after giving the baby diphenhydramine, the active ingredient in Benadryl, in January 2015. The boy’s death was classified as a homicide from diphenhydramine intoxication.