Drowned toddler’s mother accuses NLV day care of negligence

By Steve Green (contact)

Monday, March 23, 2009 | 10:41 a.m.

A wrongful death lawsuit has been filed by the mother of a toddler who drowned in a hot tub at a North Las Vegas day care center Jan. 13.

The suit, filed in Clark County District Court on March 16 by Janet Williams, alleges Marisela's Family Day Care Center was negligent in failing to care for 18-month-old Jordan Williams, who died after he and another child, who was 3 years old, were found in a hot tub attached to a pool at the home-based day care. The 3-year-old survived.

Marisela Carvajal, listed along with Ramon Carvajal as owners of the business, could not immediately be reached for comment. The day care's city business license was canceled Feb. 12 and it no longer operates, records show.

The Clark County District Attorney's office ruled Jan. 27 that the drowning was accidental and filed no charges.

A police account said Marisela Carvajal told investigators she was watching three children at the time of the drowning, and the children were playing in a gated outdoor area. She said she went to the bathroom, then to the kitchen for a drink. While she was in the kitchen, she told police, she couldn't hear the children. Then she realized the gate to the pool was open and discovered the two children in the hot tub.

The day care center had passed all inspections through 2008.

In the lawsuit, filed by attorney Robert Massi, Janet Williams said Marisela's held itself "out to the public and to plaintiffs as being skilled, careful and diligently able to supervise, safeguard and protect the children under its care and supervision."

Instead, the suit charges, Jordan "was caused to wander about the back yard, with no safety precautions in place, i.e., keeping the doors locked within the home, further, making sure that the gate to the pool remained locked at all times and not allowing a toddler such as ... Jordan to wander about the back yard with no supervision whatsoever resulting in the ... minor child falling in the pool, resulting in death by drowning."

The suit says Jordan suffered pain and suffering before he died and his mother continues to suffer from grief and sorrow. It seeks damages that are unspecified, but that are at least $40,000, along with reimbursement for medical, funeral and burial expenses.