Texas City day care sued for neglecting employee's injured son

John Suayan, Galveston Bureau Apr. 28, 2010, 4:30pm

GALVESTON - A La Marque woman has filed suit against her employer on behalf of her 4-year-old son, recent court documents say.

Carmen Theus says that on Oct. 16, 2009, she left her child under the supervision of All Star Day Care in Texas City, where she also worked as a bus driver. She claims that later she found him on the ground crying out in pain.

Theus filed suit against the day care center on April 21 in Galveston County District Court.

According to the original complaint, Theus's son fell and cut himself at the base of his left finger.

The suit alleges the child was left unattended for an extended period of time and was not cared for until his mother arrived.

"The defendant was aware of the child's condition on the floor and did nothing to remedy the situation," it says.

The original petition concludes that Theus subsequently rushed her son to the nearby Mainland Medical Center, but would return days later as his injury worsened for surgery.

Theus seeks unspecified monetary damages and a jury trial.

She is represented by The Pinkerton Law Firm, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 10-cv-1097

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