A League City day care center facing a lawsuit over its care of a girl who died there has responded to the case in court, calling her death an unfortunate accident.

Attorneys for owners of the day care center filed an answer generally denying claims. The answer was filed Nov. 19 in the 405th District Court in Galveston County.

“Defendants would show that the unfortunate death of plaintiff Skylar Mae McNeel was not caused by any act or omission of these defendants,” the answer asserts.

Skylar McNeel died Aug. 27 at the Kiddie Academy of League City on East League City Parkway, police said.

Blake and Darrell Apffel filed the lawsuit in October on behalf of Jared and Lindsey McNeel, of League City, against Kiddie Academy International, Bullock’s Bright Beginnings LLC and Cory and Summer Bullock, both individually and doing business as Kiddie Academy of League City.

The answer was filed by attorneys for the Bullocks, who operate a Kiddie Academy International franchise, court records show. Attorneys representing the parent company have not yet responded to the lawsuit, court records show.

The McNeels chose the day care because it claimed to follow safe practices, but their 3-month-old daughter likely died because of positional asphyxiation, which happens when an infant is in a position where her mouth and nose are blocked or her chest is so constricted the lungs can’t fully expand, according to the lawsuit.

The lawsuit seeks more than $10 million in damages, court records show.

SOILED EXPERIENCE

A Galveston County woman is suing a staffing agency, asserting it racially discriminated against her when it fired her in May over accusations she stole soil from a Texas City Lowe’s Home Improvement store.

Rabab Ali filed suit against Marketsource and Allegis Group Holdings LLC on Nov. 20 in the 122nd District Court, seeking between $100,000 and $200,000 in monetary relief over the termination.

The staffing companies hired Ali for an in-store sales position selling soil bags at a Lowe’s in Texas City, according to the lawsuit.

Managers at the store started accusing Ali of stealing soil from the bags, claimed they had video evidence and asked the staffing agency why they wouldn’t assign a white employee, according to the lawsuit.

Then, in May, staffing officials told Ali not to return to the Texas City job and wouldn’t be placed at another location, the lawsuit asserts.

Ali hadn’t received any written warning before the termination and was top in her sales for the district in April, the lawsuit asserts.

The defendants have not yet responded to the lawsuit, court records show.

I-45 LAWSUIT ENDS

A Galveston County district court judge has sided with a construction company in a longstanding lawsuit over its work on Interstate 45.

Judge Patricia Grady on Nov. 16 approved Durwood Greene Construction Co.‘s motion for summary judgment, dismissing the case against it with prejudice.

More than 70 people filed a lawsuit against the construction company in October seeking compensation for vehicles they said were damaged during Durwood Greene’s road milling project along about 2 miles of the north- and southbound lanes of I-45 between Tiki Island and Texas City.

Many residents complained to the Texas Department of Transportation about the work leading to damaged vehicles and at least one plaintiff asserts being injured because of the road work, according to the lawsuit.

Matt deGrood: 409-683-5230; matt.degrood@galvnews.com

Reporter

(0) comments

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.

Thank you for Reading!

Please log in, or sign up for a new account and purchase a subscription to read or post comments.