Staff members at a Tijeras daycare fed a 1-year-old boy inappropriate food and failed to properly respond when he began choking on it, leading to his death, a lawsuit filed in First Judicial District Court late last month alleges.
The lawsuit was filed on behalf the estate of Micah Tran, the child who died, and his parents, Michael Tran and Sabriena Wilson. The lawsuit alleges the boy’s daycare, New Mexico Early Learning Academy, provided Micah food that was inappropriate and unsafe for a child his age, size and developmental ability to eat, leading to his choking death.
The daycare and its owners “failed to adequately supervise Decedent during feeding, failed to maintain sufficiently close observation of Decedent to promptly recognize signs that Decedent was choking, experiencing airway obstruction, or otherwise suffering distress,” the lawsuit alleges.
Along with the daycare, owners Crystal Tapia-Romero — who served as a member of the Albuquerque Public Schools Board of Education from 2022 to 2026 — and Ricardo Romero are named as defendants in the lawsuit.
The lawsuit did not contain many new details about the Sept. 9 incident. An attorney representing Micah’s estate did not respond to email and voicemail requests for comment Friday.
In a statement on the day of the choking incident, New Mexico Early Learning Academy said its staff “immediately initiated established emergency response protocols,” and that within minutes, first responders arrived at the facility and took over the boy’s care. He was then taken to a hospital, where he died.
Tom Garrity, a spokesperson for the daycare, wrote in an email that New Mexico Early Learning Academy is “not able to comment on ongoing legal matters at this time.
“Our hearts remain with the family, and we continually strive to uphold high standards for the safety and well-being of the children in our care,” the statement said. “We continue to cooperate fully with the appropriate authorities and regulatory agencies as their review remains ongoing.”
The lawsuit has been assigned to state District Judge Kathleen McGarry Ellenwood, and seeks damages for medical and non-medical expenses, and others related to Micah’s alleged wrongful death.
Esteban Candelaria is a corps member with Report for America, a national service program that places journalists into local newsrooms. He covers child welfare and the state Children, Youth and Families Department. Learn more about Report for America at reportforamerica.org.
