LAS VEGAS - A Las Vegas daycare is being sued after a family claimed a former staffer threw their 2-year-old, breaking his femur.
According to court documents, the alleged incident happened last May at the Crème de la Crème daycare and preschool.
The lawsuit was filed last August in the District Court of Clark County, Nevada. Court documents list the victim as "B.R." and his parents were listed as "C.R." and "R.R."
According to the lawsuit, C.R. received a phone call from the daycare asking to pick up their son because he would not stop crying. When C.R. arrived, the parent noticed an ice pack on B.R.‘s leg.
The lawsuit stated that a daycare employee told the parent that B.R. had been pushed down and injured by another child and gave the parents an incident report.
However, when C.R. later took their child to University Medical Center Quick Care, an X-ray revealed that B.R.‘s femur "had been severely fractured," according to court documents.
The family’s attorney said the parents were initially suspected of abusing their son but after requesting surveillance video from the daycare, they said the daycare misrepresented how B.R.‘s injuries occurred.
Attorney Janice Parker with Panish, Shea, Boyle, Ravipudi LLP said the video showed employee Elicia Miller "picking up B.R. under the armpits and throwing B.R. across her body, from right to left."
The family of B.R. is suing the daycare and Miller on several counts including negligence and abuse.
The family is also seeking punitive damages for $50,000.
According to local reports, Miller was charged with child abuse but pleaded guilty to a lesser charge of attempted child abuse. She’s expected to be sentenced on March 14.
"For 40 years, our number one priority is the safety and security of the children in our care. Immediately after this incident, we terminated the employment of the teacher involved," Tony Riccardi, Chief Operating Officer of Crème de la Crème, Inc., said in a statement to FOX Television Stations.
This story was reported from Los Angeles.