Hyde Park Baptist found liable for damages in abuse on 1-year-old child

COMPILED FROM STAFF REPORTS

Saturday, January 31, 2009

Church loses abuse case appeal

AUSTIN - Hyde Park Baptist Church must pay the full damages awarded to a family whose 1-year-old was abused while attending the church's day care in 2004, the 3rd Court of Appeals in Austin ruled Friday.

Hyde Park Baptist sought to throw out most of the $163,562 award to the family of Parker Curtis, saying there was no basis for the future medical expenses award, $34,980, or the future mental anguish award, $100,000.

The appeals court also rejected the argument that the jury erred when it declared Hyde Park Baptist 80 percent responsible for the acts of teacher Sue Lowry, who was accused of using her hip to bump Parker to the classroom floor, where his head was injured.

"Hyde Park administrators had received numerous complaints from parents and teachers regarding Lowry's inappropriate and abusive behavior towards toddlers in her care," said the opinion written by Justice Diane Henson.

"Despite these reports, which spanned a period of 10 years, Hyde Park chose to retain Lowry as a lead teacher in a classroom with children under the age of 2," the appeal said, noting that the church leaders also received reports that Lowry knocked other children to the ground and frequently singled Parker out "for rough treatment."

http://www.statesman.com/search/content/news/stories/local/01/31/0131roundup.html

SNAP Note: Hyde Park Baptist Church in Austin, TX is shown as an SBC-affiliated church.