2 day care workers got into a fist fight — and a kid got caught in the violence, lawsuit says

A lawsuit says a fight that broke out between two day care employees left a 5-year-old child injured.
A lawsuit says a fight that broke out between two day care employees left a 5-year-old child injured. KRQE

Two employees at a New Mexico day care center got into a fist fight in front of more than dozen terrified children, causing one of them to get hurt last month, according to a negligence lawsuit filed Tuesday.

The child’s parents are suing Future Generations Early Concepts Learning Center in Clovis over the physical altercation that they say left their kid injured and humiliated. Their attorney, Eric Dixon, told KAMR/KCIT that the fight was caught on video and they were able to get the footage from the Clovis Police Department.

The video shows one worker talking to another employee while several children are sitting at a table nearby. That employee then starts punching the worker in the face repeatedly. The fight gets closer to the children when the employee drags the worker to the ground by her hair.

That’s when a foot smashed a girl in the face, according to the lawsuit, causing her “extreme pain, suffering and embarrassment” in front of the other kids.

"You wouldn't even expect a 4-year-old to act like this, let alone adults, and this poor little girl was kicked in the head, traumatized," Dixon told KRQE.

Instead of getting medical attention for the child, the day care tried to cover up the incident, the parents allege. The parents found out about the injury when they picked her up, the suit said. But they didn’t find out about everything else until the Children, Youth and Families Department contacted them, according to the lawsuit.

Future Generations should have known that hiring the employee who appeared to have started the fight would create an unreasonable risk of injury to a group or class, the lawsuit said. A description of the center says it helps infants and children up to 12 years old.

That employee has been fired, the day care told KAMR/KCIT.

The family wants damages for the day care’s “reckless behavior,” the lawsuit said.

A Goldsboro preschool teacher no longer faces a criminal charge after video from a day care center failed to back up a story from the boy’s parents that she scratched and bruised the boy’s neck dragging him into a classroom.