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A Georgia family has filed a lawsuit against Big Blue Marble Academy – Bailey Station and former daycare worker Samantha Hertzog after a disturbing video allegedly showed her body-slamming a 3-year-old girl during nap time. The suit demands at least $250,000 in punitive damages, citing negligence and child endangerment.
The March 21 Incident
According to the lawsuit, the 3-year-old victim became restless during nap time, repeatedly removing her shoes. Security footage reportedly shows Samantha Hertzog, 33, growing agitated before kicking the child’s cot, then forcefully picking the toddler up and slamming her onto the hard cot frame. (FOX 5 Atlanta)
As the little girl cried, Hertzog allegedly scolded her, saying: “That’s why you don’t play.”
The child later showed signs of emotional distress and was clinically diagnosed with post-traumatic stress disorder (PTSD) following the event.
Arrest & Charges
On March 26, 2025, five days after the incident, Hertzog was arrested and charged with first-degree child cruelty. She is currently awaiting trial, scheduled for February 2026, according to court records.
Daycare’s Response
In a statement, Big Blue Marble Academy said it has “zero tolerance for mistreatment of children.” The daycare claims it immediately reported the incident to authorities, terminated Hertzog’s employment, and launched an internal investigation.
Despite this, the lawsuit accuses the daycare of failing to protect children in its care, pointing to red flags in Hertzog’s background.
Red Flags Before Hiring
- September 2024: Hertzog was hired by Big Blue Marble Academy despite troubling history. That same year, her then-husband filed a restraining order, alleging she had assaulted him.
- Coworker Complaints: Staff described Hertzog as “aggressive and mean” toward children, but no action was taken.
- February 2025 Incident: Hertzog allegedly scratched and grabbed a 3-year-old boy in her care. Instead of filing an incident report or alerting state regulators, the daycare reportedly just removed the child from her class.
The lawsuit claims these oversights put children at risk and demonstrate a pattern of negligence.
The Family’s Legal Fight
The victim’s family is suing for at least $250,000 in punitive damages, citing negligence, failure to supervise, and violation of state childcare regulations. They argue the daycare failed its duty to safeguard children and ignored clear warning signs.
Summary of Key Figures
| Person/Entity | Role & Allegations |
|---|---|
| Samantha Hertzog | Accused of body-slamming a 3-year-old; charged with child cruelty; trial Feb 2026 |
| Big Blue Marble Academy | Employer; accused of negligent hiring & failure to report abuse |
| 3-Year-Old Victim | Diagnosed with PTSD after the March 21 incident |
This case highlights growing concerns about daycare safety, hiring practices, and state oversight. As the lawsuit moves forward, families across Georgia and beyond are paying attention, demanding accountability and stronger protections for vulnerable children.
With Hertzog facing criminal trial in February 2026, the case could become a defining moment in how childcare facilities handle allegations of abuse and staff misconduct.
