This section contains the nature of the case and procedural background.

P left her 18 month-old-daughter with D. The child, who had fallen asleep, was placed in a crib in the infant room. At approximately 6:00 p.m., D's employees locked the doors of the facility and went home for the day, apparently unaware that P's daughter was still sleeping in the crib. Shortly thereafter, P returned to the facility to pick up her daughter and found the facility locked and unlit. P called 911. A police officer who responded to the call looked through a window of the facility, with the aid of a flashlight, and saw the child sleeping in the crib. Another officer then broke a window and retrieved the child from the building. The child was upset after the incident but was not physically harmed. P alleged that she suffered emotional distress as a result of the incident. P sued alleging breach of contract, statutory, regulatory, and internal policy violations, negligence, and gross negligence, and seeking exemplary damages. Defendant moved for summary disposition. The case was dismissed, and P appealed.

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