CARMEL, Ind. -- The family of a 5-month-old who died at an unlicensed day care has won its lawsuit against the ex-day care providers, Stacey Cox and Kirsten Phillips.
Conor Tilson died Jan. 24, 2013 at Stacey Cox home day care at 421 W. Main St. in Carmel. He went down for a nap in a broken Pack and Play.
His parents, John Tilson and Britney Killea, filed a lawsuit in 2013 against the child care providers and the state Family Social Services Administration, arguing the state should have shut down the facility after inspections showed too many children in the home.
Court records show a Hamilton County judge issued a default judgment against Phillips and Cox on October 15.
Tilson and Killea are seeking monetary damages from Phillips and Cox.
A damages hearing is scheduled for February 11 at 9 am in Hamilton County court.
Last summer, FSSA agreed to settle their part of the lawsuit for $87,500.
Both Cox and Phillips have already been criminally convicted in the death of Conor Tilson.
Cox and Phillips agreed to a lifetime ban on providing or operating child care facility.
In Indiana, a home day care does not have to get a license if they have five or fewer children unrelated to the provider.
Killea said they did not find out Stacey Cox was operating illegally until after their baby's death.
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