Jimmy19425
New Member
I'll try to be as concise as possible while including relevant information. April 30, 2002, my 2 year old son had his elbow broken while attending daycare. We were first told he was on a chair and refused to get down, then fell and broke his elbow. Within a week we learned that he was thrown off the chair by a daycare employee while participating in rough, ill advised play. It was recommended that we report this to the local police. When attempted to do so we were turned away. December 2005, a civil trial was held. During the course of preparing for the trial it is discovered that my son was subject to verbal abuse by the employee which led to the physical abuse and breaking my son's broken elbow. As a result he suffers from Post Traumatic Stress Disorder in addition to other psychological disorders. Also, his elbow is deformed. Well, at the 11th hour right before the civil trial of 12/2006, when the evidence of abuse was overwhelming, the defendant accepted liability, thus rendering all of the evidence against the daycare, including the abuse and failed inspections, inadmissible. As part of assuming liability, the employee admitted throwing my son off of the chair. The civil case became an indictment of my wife's mental health history which had nothing to do with the situation. Nonetheless, we were awarded a small amount and immediately initiated the appeal process. This past Wednesday (4/2/08) we had a mediation hearing where it became apparent, and loosely at the recommendation of the mediator, that if we really were going to obtain the justice we desired, we needed to pursue this in another venue. My wife went back to the police station where she first attempted to report the incident with all of our documentation. It was referred to a Detective who forwarded the case to the D.A. Our concern now is Statute of Limitations. The day we knew for sure that a crime had been committed was in December 2005. If the DA takes that date into account when determining whether the statute of limitation has expired, we have been advised that we are within the statute. If the DA takes into consideration the April 2002 date, then the statute would be considered expired. My question is: Can we get a waiver on the statute of limitations if necessary? We are in the state of Pennsylvania.
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