Mom, son awarded damages for boy's injury at day care

By John Suayan, Galveston Bureau | Sep 12, 2011

GALVESTON - A Texas City day care center and one of its employees have recently settled a lawsuit over injuries reportedly sustained by the worker's child.

All Star Day Care agreed to compensate La Marque resident Carmen Theus and her son, Dallas, a cash payment of $22,500, a 20-page document filed Aug. 18 before the Galveston County 10th District Court state.

Carmen Theus, who worked as a bus driver for All Star, sued the facility after she found her son on the ground crying in pain.

A suit filed April 21, 2010, states the boy fell and cut himself at the base of his left finger and alleges he was left unattended for an extended period of time and was not cared for until his mother arrived.

Theus claims she rushed Dallas to the nearby Mainland Medical Center, but had to bring him back a few days later for surgery.

All Star entered its original answer on June 10, 2010, insisting that the plaintiff is to blame for her child's injuries.

Carmen Theus and her counsel, The Pinkerton Law Firm, will receive $15,601 while $6,893 will be allocated to her son by way of structured settlement.

Dallas Theus's guardian ad litem, attorney Rachel Dragony of Galveston, will collect $1,500.

Case No. 10-cv-1097

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