Marcy Osorio, a Texas mother has filed a wrongful death lawsuit against Woodbridge Day School in the Dallas area alleging that the center's negligence caused the death of her 2-year-old daughter Isabella Estep. The little girl died on Halloween Day 2008 after she choked on a small rock she took from the playground.
Tragic Daycare Death
According to the lawsuit, Isabella swallowed the small stone in the classroom after returning from the playground because she was not properly monitored by the teacher in the class. The girl lay on the floor unconscious for a while. Her teacher, Mia Jennings, still did not think there was anything wrong. In fact, Jennings did not respond until she saw the children stand around Isabella poking at her and pulling her eyelids open. When Jennings got to her, Isabella's lips had already turned blue. The teacher picked up the girl and took her down the hall because she did not know CPR. She didn't even know how to respond to such a situation. But by the time someone finally started CPR on Isabella, it was too late. She had already choked to death.
The Texas Department of Family and Protective Services, which licenses daycares in that state, conducted an extensive investigation. They found that neglectful supervision caused Isabella's death. Investigators also learned that the director of the day care knew that Jennings had no high school education or first aid training -- both violations of state law. Investigators also found 20 other deficiencies including choking hazards and failure to inspect the playground.
Justice for the Victim's Family
But the owners, taking advantage of a loophole in Texas daycare laws, quickly sold the facilities. Under new ownership, they knew that the deficiencies and violations would be removed. So what that means is that a daycare can be horribly deficient, but if they sell the facility quickly enough, those deficiencies and violations can be covered up -- even if it was the worst case of negligence that led to an innocent child's death.
Isabella's family is being represented by Texas personal injury lawyer and my good friend Jeff Rasansky. What Jeff's trying to do here is to play a part in bringing about change to this unfair loophole in Texas day care licensing so that some justice can come out of this horrible tragedy. The negligence in little Isabella's case was outrageous. It is even more appalling that the wrongdoers in this case, the original operators of the daycare, can walk away from such a situation without any consequences. Isabella's family deserves justice.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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