Couple's suit claims day care center neglected son's broken leg
GALVESTON - A Galveston County couple blames a Dickinson day care facility and one of its employees for a leg injury their infant son sustained while under the facility's care.
In a personal injury lawsuit filed Oct. 9 in Galveston County District Court, Frank and Edith Reyes claim on Aug. 25 that Kid City Childcare Learning and Sports Center neglected to tend to 1-year-old Kalvin Reyes after he fractured his leg.
The plaintiffs allege Kalvin was pushed through a doorway by an employee named Lindsay Sweatt and then ignored for the rest of the day.
"After the incident occurred, one or more of Kid City's employees and managers permitted young Kalvin to suffer throughout the day and otherwise attempted to hide or suppress the toddler's injury," the original petition states.
Sweatt is named a co-defendant in the case.
"Defendant Kid City is vicariously liable for the negligent acts and omissions of Lindsay Sweatt, which proximately caused the injuries and damages to the plaintiffs," the suit says.
The Reyeses fault Kid City and Sweatt for failing to use adequate care in transporting their son, failing to maintain a safe day care area and failing to render aid and otherwise attend to the boy's injuries in any fashion – let alone a timely fashion.
The plaintiffs seek damages for medical expenses, lost wages, pain and suffering and mental anguish. They are requesting a jury trial.
Dallas attorney Robert L. Chalken is representing the plaintiffs.
Galveston County 212th District Court Judge Susan Criss is presiding over the case.
Case No. 09CV1876