Parents designate expert witnesses in case against Dickinson day care

John Suayan, Galveston Bureau Dec. 24, 2013, 12:20pm

GALVESTON - The plaintiffs in a lawsuit alleging their daughter was assaulted at a Dickinson day care last year have designated expert witnesses, recent court records show.

In a 23-page document filed Dec. 12, Christa Williams-Yates and Mark Yates enlisted seven individuals to testify as part of their case against Kid City Child Care Learning and Sports Center LLC and Symons Kid City Management LLC.

Among those slated to speak during the May 2014 jury trial are Dr. Sheri S. Corning, the girl's treating physician; lead plaintiffs' attorney Charles H. Peckham; and Alexia V. Gannon, a Houston-based attorney and investigator.

As previously reported, the suit claims the complainants' child reportedly suffered nursemaid's elbow while under the defendants' supervision on Sept. 20, 2012, stating a staff member 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.

The suit accuses the respondents of disciplining the girl for crying instead of providing her medical attention.

Williams-Yates was reportedly told that the girl “was merely upset at being punished for being disruptive;” however, the former later discovered she was was actually in pain and took her to seek help.

According to the claimants, because of the subject incident, 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.”

The defendants refuted the allegations in an original answer filed July 19.

Case No. 13-CV-793

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