Parents of toddler who died at Lenexa daycare file lawsuit - KCTV5 News

Parents of toddler who died at Lenexa daycare file lawsuit

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File photo. (KCTV5) File photo. (KCTV5)
LENEXA, KS (KCTV) -

The parents of a toddler who died at a Lenexa daycare are suing that daycare. 

They're accusing the owner of negligence in their son's death. 

Jace Boxberger, who died at the age of 16 months, died in April 2017 after his parents dropped him off at a home daycare in Lenexa before heading off to work. 

Court documents show Cynthia Burrows was in charge of not only Jace, but another 14-month-old baby that day. It accuses Burrows  of being in another room where she didn't have a clear view of the babies while she was on her laptop.

The documents state both babies were in the living room near a fireplace.  

At some point Boxberger's clothing got caught on the fireplace - but by the time Burrows noticed - he was unresponsive and not breathing.

Court documents say she tried to perform CPR, as did paramedics, but it was too late.

Investigators say he died from strangulation.

Court documents also state that Burrows destroyed or tried to destroy evidence that would have shown what time she was using her laptop on the day the baby died.

The wrongful death suit accuses her of failing to supervise the baby, failing to interact with him and failing to ensure his safety.

Burrows has never been charged in criminal court.

The family is asking for a jury trial and at least $75,000. 

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