MONDAY, March 11, 2017 — The family of a newborn girl who died after her clothing and jewelry was found in a trash bin in an Indianapolis landfill has sued the company and a city that has allowed it to continue operating.
The family of Taylor M. Dillard filed the suit in Indianapolis Superior Court on Tuesday.
The suit claims the company is liable for negligence, failure to warn, and the breach of fiduciary duty, among other claims.
Dillard, 7, died in December from complications from a rare disorder that caused her to be born prematurely.
She had a brain aneurysm and a partial stroke.
The lawsuit says the baby girl’s family suffered financial losses and emotional distress.
A spokeswoman for the city of Indianapolis did not immediately respond to a request for comment.
The suit names the company, Carter Children’s Clothing Inc., as defendants.
Carter, a subsidiary of a company called J.H. Allen, was a subsidiary owned by Carter Family Trust, the court papers say.
H Allen did not return a request seeking comment.
Dutchess County Prosecutor Joseph Mancuso said he could not comment on pending litigation.
Dellas suit is one of two filed in Illinois and Michigan that allege that Carter’s parent company, a real estate development company called Carter Family Group LLC, and Carter Family LLC are liable for wrongful death, negligent supervision and breach of duty.
Deltas mother, Michelle Dillard, died on Dec. 2, 2016, from complications stemming from a disease that causes aneurias in newborns.
Her family sued Carter and other companies, claiming they failed to properly supervise the family’s business operations.
A jury in January ruled in favor of Carter and awarded $50 million to Michelle’s family, which included the Dillards.
Carter did not admit wrongdoing.
Carter has said it had no knowledge of the problem.