A tragic incident at a San Francisco daycare has led to a lawsuit filed by the grieving parents of a young child. On November 15, 2024, Felipe Fontoura de Carvalho and Zulma Christina Figueroa Hernandez filed a complaint in the Superior Court of California against Lovely Kids Daycare, Juemin Huang, and Lai Ping Chow. The lawsuit alleges negligence and wrongful death following the untimely demise of their 13-month-old son, Oliver Figueroa Fontoura.
The case revolves around events that transpired on March 26, 2024, when young Oliver was under the care of Lovely Kids Daycare. According to the complaint, Oliver was given unsafe food without parental authorization and left unsupervised while eating. This resulted in him choking on food that obstructed his airway. The plaintiffs allege that the daycare staff were not certified in pediatric CPR or First Aid as required by law, which contributed to a delay in providing emergency care. Tragically, Oliver suffered an anoxic brain injury and passed away five days later on April 1, 2024.
The lawsuit accuses Lovely Kids Daycare and its operators of multiple failures: inadequate supervision, lack of proper training for handling emergencies such as choking incidents, and failing to provide a safe environment for children. The complaint also highlights violations of specific health and safety codes intended to protect children from harm. "Defendants breached their duty of care by failing to supervise...and by failing to have specific safety procedures in place," states the document.
Felipe Fontoura de Carvalho and Zulma Christina Figueroa Hernandez are seeking justice for their son's death through this legal action. They are asking for compensation for both economic losses such as funeral expenses and non-economic damages including loss of companionship and emotional distress. The plaintiffs demand all damages allowable by law under California's wrongful death statutes.
Representing the plaintiffs is attorney June P. Bashant from Rouda, Feder, Tietjen & McGuinn based in San Francisco. The case has been assigned Case ID CGC-24-619826 with proceedings taking place under the jurisdiction of the Superior Court of California in San Francisco County.