Lawsuit filed in SF daycare death of choking infant

(KRON) — The parents of 13-month-old Oliver Figueroa Fontoura have filed a lawsuit against Lovely Kids Daycare in San Francisco following the choking death of their infant while under the facility's supervision.

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Attorneys for the victim's parents, Felipe Fontoura de Carvalho and Zulma Christina Figueroa Hernandez, filed a complaint in San Francisco Superior Court that alleges "negligence, premises liability, wrongful death, and violations of multiple California Health and Safety Codes." They are seeking damages "for the wrongful death of their son and for the immense emotional and financial toll caused by the daycare's negligence."

Oliver's parents said that on March 26, their child began choking at the daycare located at 225 King Street in San Francisco. Medics arrived to find him unresponsive, and he was taken to UCSF Benioff Children's Hospital. Oliver died five days later from an anoxic brain injury.

A subsequent investigation by Community Care Licensing "substantiated" complaints against the daycare and resulted in a $5,000 fine —but it was not clear if the daycare continued running.

"This lawsuit is about more than justice for Oliver. It's about holding childcare providers to the highest safety standards and ensuring no other family endures a similar tragedy," said attorney June Bashant. "We hope this case sends a strong message about the need for rigorous compliance with daycare regulations."

There are several key allegations in the complaint. The victim's parents said the daycare fed their child grapes, "a recognized choking hazard for young children," without their permission. The complaint points out a lack of suitable supervision and timeline inconsistences surrounding the choking incident. The filing also claims that none of the daycare's caregivers were certified in pediatric first aid or administering CPR, which is essential under California law. Lastly, the lawsuit calls out the daycare for violations of California Health and Safety Codes, including failing to uphold a safe environment, and comply with emergency preparedness.

KRON4 has reached out to Lovely Kids Daycare for comment but has not yet received a response.