A Tijeras daycare is facing a wrongful-death lawsuit after a 1-year-old boy choked on food served by staff and died earlier this fall, with his family alleging workers failed to notice the emergency or respond in time. Micah Tran died Sept. 9 after choking at New Mexico Early Learning Academy, and the lawsuit filed Sept. 28 claims the food he was given was inappropriate for his age and development.
The lawsuit, filed in 1st Judicial District Court on behalf of Micah's estate and his parents, Michael Tran and Sabriena Wilson, alleges that daycare staff gave the toddler food that was unsafe for his age, size, developmental ability and feeding capabilities, according to the Albuquerque Journal. The suit further claims the daycare and its owners failed to adequately supervise Micah during feeding and did not promptly recognize that he was choking or in distress. According to the Santa Fe New Mexican, the case has been assigned to state District Judge Kathleen McGarry Ellenwood, and named defendants include Crystal Tapia-Romero and Ricardo Romero.
Tapia-Romero previously served on the Albuquerque Public Schools Board of Education beginning in 2022, a role she held through this year, per the Santa Fe New Mexican's reporting. The lawsuit seeks compensatory and punitive damages, among other requests, as well as damages for medical and non-medical expenses and other costs tied to Micah's death, the suit states.
What Happened the Day Micah Died
Micah was found unconscious and not breathing at the daycare on Sept. 9, according to the Albuquerque Journal, which cited the Bernalillo County Sheriff's Office. Deputies said there were no signs of foul play or neglect. He was taken to a hospital, where he died, and the school closed for the remainder of that week, the paper reported.
New Mexico Early Learning Academy has said staff immediately initiated established emergency response protocols once the choking incident was identified, and that first responders arrived on site within minutes, according to KOB. The school said its hearts remain with the family and that it continues to cooperate fully with authorities and regulatory agencies as their review remains ongoing, the same statement notes. A spokesperson for the academy, Tom Garrity, said the school could not comment further on ongoing legal matters.
State Inspection Records Raise Questions
State regulations require child care providers to maintain direct observation and guidance of children at all times, with staff physically present, under rules set by the New Mexico Early Childhood Education and Care Department. The same regulations require that food served to infants and toddlers be developmentally appropriate and meet their nutritional needs, and they set a maximum adult-to-child ratio of 1-to-6 for infants and toddlers, with a maximum group size of 12.
Those standards take on added weight given inspection findings reported by KRQE, which found the Tijeras location was flagged by state inspectors in July for having 18 infants in a single group — six more than the state limit. The same report noted that inspectors also flagged the daycare after a 10-month-old was fed whole milk, a feeding practice state rules are meant to guard against for infants that young.
Under the state's child care licensing rules, the licensing authority may suspend, revoke or restrict a provider's license when violations put a child's health, safety or welfare at risk. The lawsuit's claims have not been proven in court, and the evidence reviewed does not establish the daycare's current licensing status, identify the specific food involved, or provide a final cause of death from medical examiners or law enforcement.
