The Eastern New Mexico News - Serving Clovis, Portales and the Surrounding Communities

Second lawsuit filed against daycare

 


CLOVIS — A second lawsuit, closely resembling the first, was filed this week against the Clovis daycare where months earlier among employees “a fist fight took place in front of over a dozen terrified children.”

The suit was filed Thursday through attorney Eric Dixon by parents Marcus and Sarah Davis on behalf of their young child, whom they say suffered back injuries and “extreme pain, suffering and embarrassment and humiliation in front of the other children,” after an employee “fell or was thrown to the floor” and impacted the girl in the process.

The suit comes exactly one month after the first such lawsuit, which similarly seeks punitive damages from Future Generations daycare and its former employee on behalf of another child present during the May 3 incident.

The “thrown” employee is not listed in the lawsuit and continued working at the daycare, according to its director. The employee who allegedly started the fight was fired immediately after the incident and barred from the premises, and Clovis Police last month charged Elizabeth Parrez with 13 counts of felony child abuse.

“It’s the same basic fact pattern, it’s just a different plaintiff,” said attorney Brian Brack, representing the daycare. “There’s a chance (the two lawsuits) could be partially consolidated, and that’s something we’ll look at.

Brack said he and those in his Albuquerque office will “vigorously” defend both cases.

Judges from the 9th Judicial District have all been recused from the first lawsuit and Brack said he expects the same for the second. Judge Albert Mitchell of the 10th District is currently scheduled to preside, according to court records.

 

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