The Law Offices of Parente & Norem in the News As Suburban Father Files Lawsuit After 5-Year-Old Daughter Left on Bus in Freezing Temperatures

A father from Arlington Heights is taking legal action against KinderCare after his 5-year-old daughter was left on a school bus for several hours in sub-freezing weather. The incident, which took place last week, has left Wamui Mwiya angry and determined to seek justice for his child.

According to Arlington Heights police, the child, Dior Mwiya, had been on a bus returning to a KinderCare daycare center after attending kindergarten at Forest View Elementary School. She was discovered hours later by a concerned teacher, asleep on the bus.

Reflecting on the ordeal, Mwiya expressed his disbelief: “It’s like, how can you lose a child? It’s not a coat. It’s not a jacket. It’s a whole human being.”

The day began normally for the Mwiya family. Wamui dropped Dior off at KinderCare at around 6 a.m. on Jan. 14. From there, she was transported to Forest View Elementary School for her morning kindergarten class. However, when the bus returned to KinderCare, Dior was mistakenly left on board. She remained there for two to three hours as temperatures outside hovered around a frigid 14 degrees.

It wasn’t until later that morning that the daycare staff noticed Dior was missing. Wamui received a phone call from the center’s director, who initially claimed that Dior had never been dropped off at school that day.

Dior was rushed to a local hospital, where it was determined that she had not sustained any physical injuries. However, her father said she suffered emotional trauma from the experience.

While KinderCare declined to comment on the pending lawsuit, the organization did issue a statement acknowledging the incident and their failure to follow safety protocols.

“Nothing is more important to us than the safety of the children in our care. We have strict safety protocols specific to bus safety that should have prevented this kind of situation. Unfortunately, those protocols were not followed. As a result, the staff member involved, and our center director, are both currently out of our center on administrative leave while we work with our agency partners to investigate,” the statement read. “We reported this issue to state licensing and are working with them and the police to determine what happened and what can be done to prevent this from happening again.”

Mwiya has since filed a lawsuit against KinderCare and hopes that his legal action will lead to systemic changes to prevent similar incidents in the future.

“I almost lost my kid, and I just want everybody to know that that’s what they did to me,” he said. “I want justice for Dior.”

Attorney Jake Esp, representing the Mwiya family, said their team is focused on uncovering the details of what led to the incident. “After filing this lawsuit, we will be investigating this claim, trying to figure out what really happened,” Esp explained.

This incident has underscored the importance of rigorous safety measures when caring for young children. Mwiya’s determination to seek accountability serves as a reminder to childcare providers about the gravity of their responsibilities. As the legal process unfolds, the hope is that justice for Dior will pave the way for stronger safeguards to protect all children in daycare settings.

If you or a loved one have been harmed by another’s negligence, The Law Offices of Parente & Norem, P.C. is here to help. Call/text us today for a free case evaluation at 312.641.5926 or fill out a contact form here on our website. Your path to justice begins with us.