Lawsuit claims child suffered due to daycare’s negligence

MARSHALL – Our news colleagues at KETK report that a Marshall mother filed a lawsuit against a local daycare last week, claiming her 11-month-old suffered second-degree burns due to the daycare’s negligence. According to the lawsuit, Ashley McMullen put her daughter under the care of Ms. Anita’s Academic Center on Aug. 3 where she was taken outside without shoes or socks on and was allowed to walk barefoot in 104-degree heat.

“I am heartbroken because my daughter’s severe burns could have easily been prevented by common sense,” McMullen said in a statement. “Everyone knows the Texas heat is dangerous in August, and these caregivers should know infants have particularly delicate skin. I am beside myself that Ms. Anita’s Academic Center took my baby outside without socks or shoes.”
Photo of child’s foot courtesy of the lawsuit.Photo of the child’s foot courtesy of the lawsuit.

Officials with Texas Health and Human Services said Ms. Anita’s Academic Center voluntarily closed on Aug. 28 and the operation had been cited for the following violations:

Responsibilities of Employees and Caregiver to Demonstrate Competency, Good Judgment, Self-control
Responsibilities of Employees and Caregivers to Ensure No Child Abused, Neglected, or Exploited (Abuse/Neglect)

The lawsuit states McMullen is seeking monetary relief of more than $1 million “ultimately to be determined by a jury,” and is “asking for answers and asking that Ms. Anita’s Academic Center accept responsibility.”

Ms. Anita’s Academic Center has not responded to a request for comment, and the phone number tied to the former daycare is no longer in service.