Families Settle with Daycare after Molestation Allegations

The families of two 4-year-old girls allegedly molested in July 2010 while in care at Gateway Country Day School in Clawson have settled their lawsuit against the daycare center, their attorney, James Rasor, said in an email to Patch.

The families, who sued the center for negligence and negligent hiring, settled for an undisclosed amount of money. The settlement was reached last week after Clawson Police Det. Lt. Scott Sarvlllo, the plaintiffs’ only witness, offered what Rasor characterized as “damaging testimony” in a civil trial before Oakland County Circuit Judge Phyllis McMillan.

Sarvillo reportedly testified that Lynn Bilski, the owner of the daycare located at 456 E. 14 Mile Road, did not fully cooperate with authorities during their investigation and impeded the discovery of important information.

“The stories in the press at the time quoted the daycare owner as saying there was only one victim, when, in fact, there was a second victim identified to all parties from the start,” Rasor wrote. “Bilski was investigated also by the Department of Human Services and cited with multiple violations for her negligence related to the assaults.”

Among the plaintiffs’ allegations was that the daycare failed to complete a thorough background check on a  22-year-old Royal Oak man the plaintiffs claimed molested their two girls, The Daily Tribune reported. The defendant was acquitted of molesting one of them following a criminal trial in Circuit Court in 2011. Criminal charges involving the other girl were never filed.

The parents initially named the former daycare worker as a co-defendant, but dropped him as a defendant as “a tactical decision,” the newspaper said.

Gateway’s attorney, Mark Zausmer, told the newspaper that his client settled to avoid a lengthy, expensive trial and possible appeal.

“When you have children making these kinds of allegations, of course it is a deeply concerning thing and there is always the uncertainty of what a civil jury will do,” Zausmer said. “We felt these claims (by the parents) were without merit and motivated solely by money.”

He pointed out that the mother of one of alleged victims continued to work and keep her daughter at the daycare for several months after the allegations surfaced. He said the lawsuit was frivolous and was filed by “angry parents whose anger was misplaced.”

He claimed the two girls’ stories were contradictory and even called into doubt whether any molestation took place.