The devastated parents of a 3-year-old Brooklyn boy who died during a heat wave have filed a lawsuit that claims the day care center was uninsured and that workers never should have taken him outside in those conditions.
Andy Li’s parents – both Chinese restaurant workers who spoke to The Post through a translator – have also filed a $10 million notice of claim against the city for allowing the center to remain open despite numerous violations.
“All of Andy’s stuff is still in our house. Every time we look at his belongings, we think of him. Every time we see a child his age, we think of him. Every time we visit a park and see children play, we think of him,” said father Wen Hai Li, 39.
“I just hope that no one else has to go through what we did,” mom Jin Hua said tearfully.
Day care operators took little Andy outside because he was disturbing the other children by crying and being restless during their afternoon nap on July 6, the Brooklyn Supreme Court suit states.
When the boy was exposed to what the lawsuit called the “dangerous heat wave conditions,” he began foaming at the mouth and was taken to Maimonides Medical Center where he was pronounced dead.
Jin Hua said she was given misinformation when a day care worker called her.
“She didn’t even tell me that Andy had passed. She deceived me into believing he was merely sick. If she called me earlier, I would have left work. If we knew anything was wrong with my son, this wouldn’t have happened,” said the heartbroken mother.
“She wants this woman, Mrs. Wu, to explain exactly what happened, step by step … There are many questions that need answers,” said attorney Dustin Levine.
The suit names day care operators Li Chan Wu, Wen Xian Lin, and Kevin Lin as defendants.
Wen Xian Lin transferred ownership of the building that housed the day care – worth about $500,000 – to Kevin Lin for only $10 just 18 days after Andy’s death in an attempt to protect the property from any litigation, the suit states.
None of the day care operators could be reached for comment.
Andy’s parents also filed a $10 million notice of claim against the city on October 4, 2013.