The owner of a Center Township daycare center should be removed as a defendant in a suit filed by the parents of a 7-month-old boy reportedly injured there in September 2023, and a punitive damage claim against an employee should be eliminated, attorneys argued Wednesday, May 6.

The boy’s parents, David DiGiacomo and Karlee Quinn, are suing Sheryl Buffington’s Daycare & Preschool Palace, owner Sheryl Buffington, and employees Taylor Titley and Megan Anthony. The suit seeks unspecified damages.

The suit claims the boy was under the supervision of Titley and Anthony on June 13, 2023, when Titley caused him to fall forcefully to the ground, resulting in a broken bone in his right forearm.

Anthony failed to stop Titley, didn’t exercise reasonable vigilance and failed to take reasonable safety precautions to prevent foreseeable harm to the boy, according to the amended suit.

State police filed criminal charges against Titley and Anthony. The charges against Anthony were dismissed in Butler County Common Pleas Court, but Titley’s case remains active. She is facing 20 felony and misdemeanor charges, including aggravated assault of a victim less than 6, endangering the welfare of children, simple assault and reckless endangerment.

The boy’s parents initially filed the suit in June 2025 and filed an amended suit in December after preliminary objections to the initial suit were granted. Wednesday’s hearing was held to hear arguments on preliminary objections filed in response to the amended suit.

Attorney Joseph Butcher argued that Sheryl Buffington should be removed as a defendant and all claims against her should be dismissed because the plaintiffs failed to provide facts of any personal liability against her, and she is precluded from personal liability because she is protected as the owner of the company due to its status as a limited liability corporation.

He also argued that she cannot be held vicariously liable because the business employed Titley and Anthony, not her.

Attorney Daniel Sammel, who is representing the plaintiffs, countered that Buffington can be held liable because she is actively involved in hiring, supervising employees and day-to-day operations.

Eric VanKirk, the attorney representing Anthony, said the suit alleges negligence against Anthony, but a negligence claim is insufficient under the law to support a punitive damages claim.

In addition, he said punitive damages are recoverable only in cases involving outrageous behavior, but no outrageous conduct by Anthony was mentioned in the suit.

Sammel responded, saying the plaintiffs claim she was reckless because she knew or should have known about Titley’s alleged conduct, and the risk of harm from improper handling and treatment of children.

Judge Kelley Streib said she will consider the arguments and issue decisions.