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POLK COUNTY, Iowa – A wrongful death lawsuit has been filed against a Johnston daycare provider and her husband following the 2019 death of a child at an unlicensed in-home daycare.

The petition was filed earlier this month by the parents of 17-month-old Tucker Schneider. He died on February 17, 2019, a few days after being found unresponsive, wedged upside down between two “pack and play” bassinets at Trina Mazza’s daycare.

An autopsy determined he died of accidental traumatic asphyxia.

Mazza faces a criminal charge of child endangerment causing death but her trial has been delayed multiple times due to the COVID-19 pandemic. The latest trial date set by the court is for September 13, 2021.

The petition filed by Douglas and Michelle Schneider, seeks a civil jury trial for Trina Mazza and Michael Mazza.

According to the petition, the Schneiders are seeking, “…judgment against Defendants in an amount that will fully and reasonably compensate Plaintiffs for their injuries and damages…”

Court documents also reveal plea discussions have not yet been exhausted in this case, or another facing Mazza and her husband Michael for allegedly stealing more than $163,000 from Michael Mazza’s mother.