John Suayan, Galveston Bureau Jun. 19, 2013, 12:59pm

GALVESTON - Area residents Christa Williams-Yates and Mark Yates allege their daughter was assaulted at a Dickinson day care last year and have filed a lawsuit.

Court papers filed June 17 in Galveston County District Court target Kid City Child Care Learning and Sports Center LLC and Symons Kid City Management LLC for the nursemaid's elbow reportedly suffered by the little girl while under their supervision on Sept. 20, 2012.

According to the suit, a member of the defendants' staff fought with the toddler in order to force her to enter the school from the playground.

"During the fight, this staff member forcibly and violently yanked the right arm of the child up over her head dislocating her arm at the elbow - a radial head subluxation," the original petition says.

It further shows the defendants disclipined the girl for crying instead of providing her medical attention, claiming they downplayed the subject incident by telling Williams-Yates that her child "was merely upset at being punished for being disruptive."

Williams-Yates later discovered that the girl was actually in pain and took her to seek help.

The suit describes the subsequent repair process as painful and insists the child "has been distrustful of adults, has been much more defensive and accusatory of others, has been acting out violently and is in counseling post-injury."

She no longer attends the school.

A jury trial is requested.

Attorney Charles H. Peckham of Peckham PLLC in Houston is representing the plaintiffs, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-793

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