New Lawsuit Planned In Avon Day Care Abuse Case: Attorneys

AVON, CT — Attorneys representing families involved in the BrightPath Avon child care abuse case announced Tuesday, Oct. 20, that they intend to file a new lawsuit against the facility's corporate owner, alleging failures to adequately monitor security cameras.

The planned lawsuit against Busy Bees, the corporate owner of Educational Playcare, which operated as BrightPath, will differ significantly from seven previously filed lawsuits, according to attorneys Eric Schoenberg and Sarah Klein.

The announcement came on the day of a scheduled criminal court hearing for Jan Carlos Berrios-Otero, a former employee of the now-closed BrightPath Avon Early Learning and Child Care Center on Simsbury Road.

Berrios-Otero faces multiple criminal charges stemming from allegations of sexual misconduct involving children at the facility. He has pleaded not guilty.

Schoenberg said the new lawsuit will focus on allegations that the company failed to adequately monitor security cameras despite parents' expectations that their children would be supervised through the surveillance system.

"This lawsuit will be markedly different from everything that is currently pending and represents a significant next step in this continually evolving litigation," Schoenberg said.

"Many families have told us that they were led to believe that Busy Bees (owner of Educational Playcare, commonly known as BrightPath) would reasonably monitor the cameras at this facility. The evidence we have gathered to date indicates that they have failed to do so. Countless families told us that they chose this facility because they believed that someone would be keeping eyes on their children. This did not happen."

Klein also called for greater accountability.

"We are tired of hearing about these failures to protect children. Accountability and transparency are important," Klein said.

The attorneys did not specify when the new lawsuit would be filed or provide additional details about the evidence they say supports their allegations.

The claims against Busy Bees have not been proven in court.

Previous Lawsuits Filed Against BrightPath

The latest announcement follows a series of civil lawsuits filed by families of children who attended the Avon child care center.

In late September, attorneys announced five additional lawsuits against BrightPath Avon, including what they described as the first civil case brought on behalf of a female child.

At the time, attorneys said the new filings doubled the number of pending civil cases.

The litigation centers on allegations involving Berrios-Otero, who worked at the facility before his arrest earlier this year.

Avon police initially arrested Berrios-Otero on April 1 after daycare administrators reported suspected inappropriate contact involving a child.

Investigators subsequently expanded the case, bringing additional charges involving six alleged incidents and five children, according to police and court records previously provided.

Berrios-Otero has faced charges including fourth-degree sexual assault, risk of injury to a minor, and aggravated sexual assault of a minor.

Authorities have said several of the alleged victims were younger than 13.

Berrios-Otero appeared in court Sept. 15 for pretrial proceedings. He was subsequently scheduled to return to court Oct. 20.

He has remained in custody on a combined $3.6 million bond, according to previously reported court information.

The outcome of Tuesday's scheduled hearing was not immediately available.

Avon Child Care Center Has Closed

The BrightPath Avon Early Learning and Child Care Center has since closed.

The center's owners previously cited the ongoing legal situation as a primary reason for ending operations.

The civil lawsuits seek to hold the facility and its corporate ownership accountable for alleged failures involving the protection of children in its care.

Schoenberg, a Hartford-based attorney with Freeman Law Firm, represents victims of sexual abuse and handles personal injury and workplace injury cases. He also serves on the West Hartford Human Rights Commission and has personal connections to families whose children attended BrightPath.

Klein is an attorney who represents survivors of sexual abuse and has worked on cases involving allegations of institutional failures to protect children.

The attorneys said the planned lawsuit represents another step in the ongoing litigation.

From Sept. 29: '5 More Lawsuits Filed Against Former Avon Daycare Over Sex Abuse Allegations: Attorneys'