ORLANDO, Fla. – The family of a boy injured when a car crashed into an Orange County Kindercare four years ago is seeking justice.
In a lawsuit filed Tuesday, Megan Bish, who is the mother of Kaleb Infante; and Bish's attorney claim Kindercare and others could have prevented what happened on April 9, 2014.
That's the day investigators say Robert Corchado forced another driver off Goldenrod Road, sending him careening into the Kindercare facility just north of University Boulevard.
Lily Quintus, 4, was killed when the car crashed through the front of the building.
Kaleb and June DeCalzada, 3, were both severely injured.
"Hopefully, (Kaleb) doesn't have any permanent issue with his leg," Bish told News 6 in 2014. "That's going to be the biggest (concern)."
Four years later, her lawsuit is claiming negligence for her son's injuries.
The lawsuit claims Corchado was negligent for causing the crash. He's now serving 40 years in prison.
The lawsuit also claims Kindercare and its owners could have prevented it.
The suit claims there were two other instances where vehicles hit Kindercare facilities: one in New Jersey in 2008 and another in Washington state in 2011.
The lawsuit claims Ervin Watts, John E. Jones and Fawzy Abdelmalek -- the people who designed and built the building -- were negligent for putting parking in the front of the structure and not putting up protective barriers.
The lawsuit claims the pest control company -- Terminix -- should have known a wall was significantly damaged by "wood destroying organisms."
According to the lawsuit, Kaleb, who is now 8 years old, faces more surgeries, medical treatments and more therapy, and probably will for the rest of his life.
On Thursday, Kindercare said, "There are no words to describe the heartbreaking accident that occurred nearly four years ago at our Goldenrod center. Although we have not yet been served with Megan Bish’s lawsuit, as soon as we receive the paperwork, we will respond appropriately."
News 6 discovered Terminix was dropped from a similar lawsuit filed by the family of Lily Quintus.
When asked, Terminix expressed its sympathies for each of the families, but maintained that the incident did not involve them.
News 6 is working to contact the three men listed as the designers and builders of the day care for comment.
