A lawsuit filed against the former Tender Hearts Preschool and Childcare Center by a parent alleging abuse and negligence was dismissed under a joint motion.

Patricia Garcia brought the action in 2020 against the former owner, Deborah Martinez, and her former employee, Carolina Jaramillo. Garcia filed the action on behalf of her young son.

Jaramillo was accused in 2019 of severely abusing another infant, a girl, in her care at the preschool. The criminal case in that matter is pending nearly three years later, with a plea hearing set for Jan. 24.

Martinez promptly fired Jaramillo when the girl’s alleged abuse came to light; she later closed her daycare.

Martinez was not accused of injuring any children; she initially charged with negligence. She is finishing a year of probation for misdemeanor endangerment, which if successfully completed, will be dismissed under the terms of her deferred judgment.

The mother of the girl whom Jaramillo is charged with abusing had also filed a lawsuit, which was dismissed by agreement in 2020.

Garcia’s suit on her son’s behalf was the second civil action against the daycare.

The Garcia complaint accused Martinez of disregarding the risks of employing Jaramillo despite alleged psychological and behavioral impairments. Garcia’s suit also alleged that Jaramillo abused her son and left him traumatized; Jaramillo was not criminally charged with respect to the boy.

On Dec. 8, 2021, Garcia and the defendants filed a stipulated motion to dismiss the suit with prejudice. The brief motion states all parties will bear their own costs and attorneys’ fees.

District Judge Mary Deganhart granted the motion the same day, ordering that “any and all claims” that Garcia brought or could have brought on behalf of herself or her son are dismissed with prejudice.

Dismissal with prejudice precludes the action from being refiled.

Katharhynn Heidelberg is the Montrose Daily Press assistant editor and senior writer. Follow her on Twitter, @kathMDP.

Katharhynn Heidelberg is the Montrose Daily Press assistant editor and senior writer. Follow her on Twitter, @kathMDP.

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