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Lazarchik suit set for trial in November
By Danny Gallagher, McKinney Courier-Gazette
A date has been set for a civil lawsuit against a Dallas maid service in connection with the death of a 14-month-old boy who died in 2005 at the hands of his nanny.
The 192nd District Court of Dallas County will conduct a civil trial in the suit filed by Mike and Rene Lazarchik of McKinney against Eva’s Maid Service and its owners, Sergio and Eva Betancourt. The suit claims gross negligence for recommending an allegedly unqualified person to watch their children, one of whom died under her care. Dallas County court officials said the civil trial has been scheduled for Nov. 8.
Ada Betty Cuadros-Fernandez was charged in October 2005 and indicted in May 2006 for capital murder in connection with the death of 14-month-old Kyle Lazarchick. According to McKinney Police Department reports, Cuadros-Fernandez called 911 on Oct. 13, 2005, and told dispatchers that Kyle had been throwing up and was not breathing.
Kyle passed away from his injuries two days later at Children’s Medical Center. An autopsy conducted at the Dallas County Medical Examiner’s Office found he suffered from multiple bruises on and about the head. One of the doctors ruled Kyle’s death a homicide.
A jury found Fernandez guilty of capital murder in September 2006 and sentenced her to life in prison. Attorneys have already filed an appeal on her behalf.
The lawsuit claims the maid service exhibited gross negligence when it failed to conduct an adequate background check or provide adequate training before referring Fernandez to the Lazarchiks. The suit claims the company arranged conference calls with references for Fernandez that were later found to be relatives of the Betancourts. They also claim the Betancourts spent “minimal, if any, time” providing training and background checks to confirm Fernandez possessed the necessary skills to do her job.
“As such, Defendant (the Betancourts) is in all things responsible for failing to properly manager, maintain, supervise and/or exercise ordinary care in the retention and placement of its employee,” the lawsuit read. “Defendant’s failure was in clear disregard to its known risk of harm to Kyle Lazarchik and ultimately led to his death.”
The suit also seeks additional damages for the mental anguish that Ryan Lazarchik, Kyle’s twin brother, and Alyssa Lazarchik, Kyle’s sister, suffered after they witnessed their brother’s assault.
“The horror has caused Ryan to suffer developmental issues, constricting his growth and ability to operate at the average level of a child for his age,” the lawsuit reads. “Further, Ryan Lazarchik suffered shock resulting from a direct emotional impact of being a bystander with a sensory and contemporaneous observance of the accident.”
Attempts were made to reach attorneys from both sides of the civil suit, but phone calls were not returned by press time.
Contact Danny Gallagher at dgallagher@acnpapers.com. To post comments online, access this story on the web at www.scntx.com.
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