The parents of a 2-year-old boy who died after allegedly being left unattended in a vehicle by his babysitter filed a wrongful death lawsuit against the babysitter in Dukes County Superior Court last month.
Julie and Matthew Rodenbaugh filed the civil complaint on Jan. 28 against Aimee Cotton of Oak Bluffs, seeking damages for negligence, wrongful death, punitive damages, conscious pain and suffering, medical expenses, and compensation for the loss of the companionship, love, guidance, and affection they suffered due to the loss of their child, 2-year-old Frank (“Frankie”) Edward Rodenbaugh. Cotton is accused of allowing the death of Frankie through her negligence while babysitting.
The civil complaint filed by the Rodenbaughs against Cotton is a separate lawsuit from the state’s ongoing criminal case against her. Cotton was indicted by the state on charges of manslaughter and reckless endangerment of a child in September. According to the civil complaint, the Rodenbaughs are seeking compensation and justice for the damages and loss they suffered as a result of Frankie’s death, in the amount of at least $260,000 plus punitive damages.
While the state aims to punish Cotton criminally, the civil case is between the Rodenbaughs and Cotton, and aims to hold her financially accountable, said the Rodenbaugh family’s attorney, Benjamin Zimmermann. “The state doesn’t do compensation, financial accountability, or financial punishment really,” he said.
The Rodenbaughs are also requesting a jury trial for the civil complaint, meaning they want a panel of 12 jurors to decide the outcome, rather than a decision made solely by a judge.
“Our family’s priority has always been, and will continue to be, awareness and accountability. This is about ensuring that what happened to our son is fully examined so that preventable failures are not ignored or repeated. No family should ever have to experience this kind of loss, and we hope that increased awareness leads to meaningful responsibility and change. Our focus remains on honoring our son and protecting other children,” said Matthew Rodenbaugh, Frankie’s father, in a statement shared with The Times.
The civil complaint submitted on behalf of the Rodenbaughs by Zimmermann states that on March 13 of last year, Cotton was providing childcare services to Frankie and another young child at her home in Oak Bluffs when she left Frankie strapped in a car seat of her SUV for hours outside her home. The complaint claims Cotton left Frankie in the car with inadequate clothing and no food or water, resulting in him suffering hypothermia and going into cardiac arrest.
According to police reports from the initial incident, Cotton called 911 around 1:15 pm. Police arrived shortly after the call while Cotton was attempting to administer CPR to Frankie, who was unresponsive. Frankie died six days later, on March 19, at the Massachusetts General Hospital in Boston after being in intensive care.
The suit further alleges that Cotton misled first responders about the circumstances of Frankie’s death.
According to a police report from the initial incident, written by Massachusetts State Police Trooper Dustin Shaw, Cotton initially claimed she left the 2-year-old in her car for about 15 minutes. But after investigators reviewed surveillance footage from Cotton’s driveway, they found evidence that contradicted her initial account to police. The footage revealed Frankie remained in the vehicle from around 9:22 am until shortly after noon — a period of roughly three hours. According to the police reports, surveillance footage showed Cotton returned to the car at 12:15 pm before heading back inside for another hour.
“Ms. Cotton then exacerbated and further breached her duties by lying to first responders about the circumstances of Frank’s distress, delaying the care he received,” wrote Zimmermann in the civil complaint.
Assistant District Attorney Ailey Kirwin argued in the Edgartown District Courthouse on March 20 of last year that Cotton’s actions showed an “intentional, callous disregard for human life.”
In the state’s criminal case against her, Cotton pleaded not guilty in October at the Dukes County Superior Court in Edgartown, and currently remains free after posting a $23,800 bail. She has conditions to stay away from and not contact the victim’s family. She also wears a GPS monitoring device. A pretrial conference is scheduled for Cotton’s criminal charges on Feb. 18, where all discovery made throughout the investigation will be made available to the defense counsel.
Zimmermann said he expects Cotton and her attorneys to respond to the civil complaint in the next several weeks. “I think Matt and Julie have made their position articulately and eloquently,” he said.
