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Family of baby who died at Homestead daycare files lawsuit against facility

Lawsuit filed in death of infant at daycare
Lawsuit filed in death of infant at daycare 00:44

MIAMI - Months after a baby died at a South Florida daycare, his family is taking legal action.

Tayvon Tomlin, then 9 months old, was found unresponsive at Lincoln Marti daycare in Homestead, back in July.

Now, the family is filing a lawsuit for what they claim is Lincoln Marti's failure to adequately staff and supervise Tayvon and its failure to timely and appropriately perform CPR.

The attorney released surveillance video showing the attempts to revive the infant.

No one has been charged in this case.

Miami-Dade police says the cause of death hasn't yet been determined and that the case is open pending further studies by the medical examiner.

CBS4 also reached out to Lincoln Marti for comment but have not heard back. 

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