Lawsuit alleges daycare teacher used magic eraser on two kids

Posted at 5:59 PM, Jul 08, 2018
and last updated 2018-07-08 19:59:53-04

Two Denver area families say a teacher is responsible for their children having chemical burns due to an incident with a magic eraser in May.

Two sets of parents say they are not getting the full story about what happened to their children at a Denver area daycare. 

Caitlin Sims was the first parent to be notified of her child’s injuries. When she picked up her son from daycare, two teachers told her the child and another boy had got into a marker fight. 

Sims says her son immediately complained about his throat hurting after she picked him up. "The teacher said ‘Oh I’m so sorry I must have been scrubbing you too hard when I cleaned you," Sims said.

The other parents, Joel and Stacey Dant, didn’t find out what happened to their son until hours after picking him up. "It just looked red, like just redness was all. And then the next day was whenever it like really started to show," said Joel and Stacey Dant.

Both sets of parents reportedly returned days later to review surveillance video at the daycare. What they saw was shocking. 

"It was the toughest thing that my wife and I have ever seen," said Josh Sims. The parents say the scabs on both children’s faces don’t actually reveal the true trauma here. 

"Pushing her thumb into his neck, ripped him backwards and pulled him over backwards, to the extent that he buckled," said Josh and Caitlin Sims.

"If I would have done that to another person I would be in jail…for assault," said Joel Dant.

Both parents say they got varying stories from the school about what happened and what could be done about it. The parents said no apologies were given.

"Frankly we expected the school to advocate a little bit more for us and department with us. And to be honest."

Online records revealed the school is under probation, but doesn’t show any complaints or injuries for the past three years. 

Child Protective Services told the Sims’ it could be a few more weeks before a report is ready from the incident. So, they called police.

"How many incidents have happened? Parents need to know the truth. This is what happened to our child and this is how it was not properly handled."

A lawsuit has since been filed against the school, its parent company, and the teacher involved.