Outraged Houston Mom Files Lawsuit After Daycare Left Son in Van for 3 Hours

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Oct 16, 2023, 11:22 ET

Daycare injury attorneys at The Button Law Firm fight to help family hold Firefly Dual Language Academy accountable for negligence and attempted cover-up

HOUSTON, Oct. 16, 2023 /PRNewswire/ -- Houston mom Maria Jimenez was left outraged after her 4-year-old son was locked in a daycare van for three hours in February 2023. Jimenez is now suing Firefly Dual Language Academy for negligence. The newly filed lawsuit states the incident occurred when Firefly Dual Language Academy transported her son with other children from a public school to the daycare center for after-school care. She claims the facility is at fault for leaving her son behind in the vehicle and then attempting to cover up the traumatic incident.

In the complaint, Jimenez claims caregivers failed to follow state laws by accounting for all children exiting the vehicle. Because of this, her son was left in the van. Scared, confused, and cold, he tapped on the window hoping someone would hear and come help him, according to the complaint. Daycare workers did not notice the young boy was missing until Jimenez arrived to pick up her son, according to the suit.

The complaint continues that when Jimenez first arrived at the facility, Firefly Dual Language Academy workers told her they "must not have picked up [her son] from his public school, which released children three hours prior." They then provided her with more false information, saying they found her son asleep in a restroom at the daycare center. The suit states Jimenez's son was crying when they arrived home and he told her the truth: He was not in a restroom but was left in the locked daycare van. When Jimenez went back to confront workers at the facility, Firefly Dual Language Academy offered her money to sweep the incident under the rug, according to the complaint.

"There are no excuses for the trauma a little boy experienced while locked in Firefly Dual Language Academy's freezing van," says Texas daycare injury attorney Russell Button of The Button Law Firm, who represents Jimenez in this lawsuit. "The state of Texas clearly outlines transportation protocols that all daycares are required to follow to prevent these incidents that endanger the lives of children. We are thankful the outcome was not fatal this time."

Firefly Dual Language Academy had a history of failing to meet the state's daycare safety requirements and protect the little ones in its care. In the five years leading up to the incident involving Jimenez's son, the Houston daycare center received more than 38 citations, including caregivers not completing required transportation training, daycare drivers not having a current driver's license, and the facility failing to maintain its van and not properly supervise children.

The case is Maria Jimenez, Individually and as next friend of M.S., a minor child, vs. Firefly Dual Language Academy LLC, Cause No. 202370750 in the District Court of Harris County, Texas. A copy of the complaint can be accessed here.

About the Button Law Firm
The Button Law Firm (buttonlawfirm.com) is a Texas-based personal injury law firm that advocates for children and their families in meaningful litigation to make local communities safer. The firm focuses on daycare and child-related injuries such as abuse and neglect cases, bottle warmer burns, traumatic brain injuries, and catastrophic injuries. With attorneys in Dallas, Houston, and Midland, The Button Law Firm helps families move forward across the Lone Star State.

SOURCE The Button Law Firm