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Debbie Harjo v. Memorial Village Early Learning Center, Inc. and Alicia Watkins
Date: 11-05-2013
Case Number: CJ-2013-531
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Jacob W. Biby
Defendant's Attorney: Evan Gatewood
Description:
Debbie Harjo, as Guardian and next friend of R.B., a minor, sued Memorial Village Early Learning Center, Inc. and Alicia Watkins on an assault and battery theory claiming:
1. That in February, 2012, R.B. regularly attended daycare at M.V.E.L.C; in Tulsa, Oklahoma.
2. That at all times material, M.V.E.L.C was an Early Learning Center incoiporatçd in Oklahoma and doing business under the laws of the State of Oklahoma.
3. That at all times material, Alicia Watkins was employed by M.V.E.L.C.
4. That on or about Febmary 10, 2012, R.B. was taken to M.V.E.L.C by and next friend, Debbie Harjo, for daycare.
5. That on or about February 10, 2012, R.B. was confronted by Alicia Watkins, an employee of M.V.E.L.C
6. That during the confrontation, Alicia Watkins assaulted and battered R.B.
7. That Alicia Watkins specifically grabbed R.B. by her neck.
8. That at the time of assaulting and battering R.B., Alicia Watkins was employed by M.V.E,L.C and was in fact acting within the scope of her employment thereby rendering M.V.E,L.C liable for the actions of its employee under the theory of Respondeat Superior.
9. That as a result of being assaulted and battered, R.B. suffered physical and mental injury and pain and suffering with total damages in excess of $75,000.00
10. That Defendant, M.V.E.L,C, was negligent in hiring and retaining an employee which it knew or should have known had a propensity to physically assault and batter children within the facility.
11. That specifically on at least one prior occasion at M.V.E.L.C, Alicia Watkins physically struck R.B. and M.V.E.L.C reprimanded Alicia Watkins and simply warned her that further striking of children would result in her termination.
12. That as a result of Defendant, M.V.E.L.C's negligence in retaining an individual known to engage in corporal punishment to children, R.B. suffered physical and mental injury and pain and suffering with total damages in excess of $75,000.00
WHEREFORE, premises considered, Plaintiffs demand judgment against the Defendants for damages in an amount in excess of $75,000.00, plus court costs, attorney fees, pre-judgment and post judgment interest, and any further relief this Court deems just and equitable.
Defendant, Memorial Village Early Learning Center, Inc. and Alicia Watkins appeared and answered as follows:
1. Admitted.
2. Admitted.
3. It is admitted that Watkins was an employee of Memorial at the time of the alleged incident.
4 Admitted upon information and belief
5. Denied.
6. Denied.
7. Denied.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
12. Denied.
Defendants deny plaintiff's prayers for relief.
AFFIRMATIVE DEFENSES
1. Plaintiff's petition fails to state a cause of action upon which relief can be granted by defendants.
2. Plaintiff's claims, if any, are barred by the doctrines of waiver, laches and estoppel and any applicable statute of
limitations.
3. Defendants' actions at all times were within the reasonable standard of care.
4. Denial of damages.
Defendants reserve the right to add additional affirmative defenses at the completion of discovery.
1. That in February, 2012, R.B. regularly attended daycare at M.V.E.L.C; in Tulsa, Oklahoma.
2. That at all times material, M.V.E.L.C was an Early Learning Center incoiporatçd in Oklahoma and doing business under the laws of the State of Oklahoma.
3. That at all times material, Alicia Watkins was employed by M.V.E.L.C.
4. That on or about Febmary 10, 2012, R.B. was taken to M.V.E.L.C by and next friend, Debbie Harjo, for daycare.
5. That on or about February 10, 2012, R.B. was confronted by Alicia Watkins, an employee of M.V.E.L.C
6. That during the confrontation, Alicia Watkins assaulted and battered R.B.
7. That Alicia Watkins specifically grabbed R.B. by her neck.
8. That at the time of assaulting and battering R.B., Alicia Watkins was employed by M.V.E,L.C and was in fact acting within the scope of her employment thereby rendering M.V.E,L.C liable for the actions of its employee under the theory of Respondeat Superior.
9. That as a result of being assaulted and battered, R.B. suffered physical and mental injury and pain and suffering with total damages in excess of $75,000.00
10. That Defendant, M.V.E.L,C, was negligent in hiring and retaining an employee which it knew or should have known had a propensity to physically assault and batter children within the facility.
11. That specifically on at least one prior occasion at M.V.E.L.C, Alicia Watkins physically struck R.B. and M.V.E.L.C reprimanded Alicia Watkins and simply warned her that further striking of children would result in her termination.
12. That as a result of Defendant, M.V.E.L.C's negligence in retaining an individual known to engage in corporal punishment to children, R.B. suffered physical and mental injury and pain and suffering with total damages in excess of $75,000.00
WHEREFORE, premises considered, Plaintiffs demand judgment against the Defendants for damages in an amount in excess of $75,000.00, plus court costs, attorney fees, pre-judgment and post judgment interest, and any further relief this Court deems just and equitable.
Defendant, Memorial Village Early Learning Center, Inc. and Alicia Watkins appeared and answered as follows:
1. Admitted.
2. Admitted.
3. It is admitted that Watkins was an employee of Memorial at the time of the alleged incident.
4 Admitted upon information and belief
5. Denied.
6. Denied.
7. Denied.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
12. Denied.
Defendants deny plaintiff's prayers for relief.
AFFIRMATIVE DEFENSES
1. Plaintiff's petition fails to state a cause of action upon which relief can be granted by defendants.
2. Plaintiff's claims, if any, are barred by the doctrines of waiver, laches and estoppel and any applicable statute of
limitations.
3. Defendants' actions at all times were within the reasonable standard of care.
4. Denial of damages.
Defendants reserve the right to add additional affirmative defenses at the completion of discovery.
Outcome:
Dismissed without prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Debbie Harjo v. Memorial Village Early Learning Center, I...?
The outcome was: Dismissed without prejudice.
Which court heard Debbie Harjo v. Memorial Village Early Learning Center, I...?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Dana Kuehn.
Who were the attorneys in Debbie Harjo v. Memorial Village Early Learning Center, I...?
Plaintiff's attorney: Jacob W. Biby. Defendant's attorney: Evan Gatewood.
When was Debbie Harjo v. Memorial Village Early Learning Center, I... decided?
This case was decided on November 5, 2013.