TAUNTON, Mass. (WPRI) — Nearly three months after their daughter choked on a marshmallow at a birthday party and died, the parents of 11-year-old Azriel Estabrooks are suing the hosts of the party.
According to the lawsuit, Estabrooks’ parents are seeking unspecified monetary damages for the death and suffering of their daughter.
The lawsuit was filed in Bristol County Superior Court in Taunton on Monday. Court documents say the hosts, “failed to, in advance of the party, carefully review food choices to assure that nothing dangerous would be available to the young children, specifically, but not limited to, marshmallows.”
The lawsuit also accuses the hosts of taking too long to call 911 when they realized there was a problem.
Estabrooks was found unconscious on the floor – and by the time paramedics removed the marshmallow, the damage was already done.
According to the lawsuit, the hosts, “failed to have an adult present who was trained or skilled in clearing the airway of a choking child.” Documents allege they “failed to specifically plan and carry out a protocol that would assure that no young child could wander off without being noticed.”
Azriel ate the marshmallow in an area where she wasn’t being supervised, officials said.
The plaintiffs say they are also seeking damages for the emotional distress they suffered from losing their daughter.