The owners of a League City day care where a child died in August have filed an application for a permanent injunction against two state agencies in order to have their permit to care for children reinstated.

Cory and Summer Bullock, who own Kiddie Academy of League City East in League City, 2010 E. League City Parkway, through their company Bullock’s Bright Beginnings, filed an application for a permanent injunction Monday against the Texas Health and Human Services Commission and the Texas Department of Family and Protective Services to have their child-care permit reinstated after the state revoked it last year after a child’s death.

The Bullocks claim the state violated their right to due process when the Texas Health and Human Services Commission scheduled an administrative review for this month but canceled the review at the last minute and demanded they discontinue operations without the review taking place.

“Plaintiffs were informed by defendants that they had to instruct all of the parents of the approximately 300 children being served by the facility that they, the parents, would just have to find other alternative child care over the weekend and before Monday, January 7th,” the complaint states.

The injunction filing comes after an infant died at the day care while napping on Aug. 27, the complaint states. The infant’s death led to several state investigations and assessments, which resulted in 22 deficiencies related to the death, as well as the termination of four employees and the facility’s director, according to the complaint.

A status conference is scheduled for April 4, according to court documents.

JUDGE: CARNIVAL NOT AT FAULT

A federal judge ruled last week that Carnival Corp. isn’t responsible for the death of Samantha Broberg, who fell overboard during a cruise from Galveston to Mexico in 2016.

The lawsuit, filed by Karl Broberg, the deceased’s widower, in the U.S. District Court for the Southern District of Miami, which encompasses Miami-Dade County, where Carnival Corp. is based, stems from an incident in May 2016, according to court documents and a report by the Miami Herald.

According to the complaint, Broberg was sitting on a railing on the ship and fell into the water at about 2 a.m. on May 13, less than a day after boarding. The ship’s crew didn’t find out she had fallen overboard until about 15 hours later, after reviewing security camera footage, and her body was never found.

Karl Broberg asserted in his lawsuit the cruise line didn’t provide adequate care for his wife and served her alcoholic beverages, even after she was visibly intoxicated. Attorneys for Carnival argued that employees hadn’t known that Brogerg was intoxicated.

NONCOMPETE CLAUSE

A Galveston County man is suing a Galveston-based shipping facility over a noncompete clause he argues has cost him his ability to work in the marine launch services industry.

Phillip Leasure, who filed a lawsuit requesting less than $100,000 in damages from T&T Offshore Inc. on Thursday, contends that the company’s noncompetition clause he signed while working there between 2003 and 2018, is preventing him from finding a new job.

The clause, which states Leasure won’t engage in the “managing, sales, or marketing of Launch Boat Services” in Galveston and Houston, has caused Leasure employment problems since T&T Offshore fired him in 2018, and the company won’t let him out of it, the complaint states.

“Defendant’s noncompetition provision has completely prevented plaintiff from obtaining suitable work in the Marine Launch Boat services sector; indeed, one employer effectively stated that it would hire plaintiff but for the noncompetition provision,” the complaint states.

Aaron West: 409-683-5246; aaron.west@galvnews.com

(4) comments

Ron Shelby

Don't "non-compete" clauses have to have a termination? Like a few months to a few years? ...or can they be "forever"?

George Croix

https://twc.texas.gov/news/efte/conflicts_secrets_non_comp_agreements.html

A little bit of info.

Rusty Schroeder

Seems to me if the company fired him the NC clause would also be terminated. Most NC clauses are enforced when someone quits or leaves the company they are employed by.

Lisa Morris

For a non-compete to hold up in court it would have to be compensated as in the sale of a business.

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