Fourth civil case brought against Avon daycare tied to allegations of child sexual assault

A fourth civil lawsuit has been filed against Busy Bees, the parent company of the BrightPath Avon Early Learning and Child Care Center, amid an ongoing investigation into allegations of sexual assault by a former employee.

The latest lawsuit was filed the same day a hearing was scheduled in the first civil case connected to the allegations at the Avon facility. The child in that case is being identified in court as John Roe to protect the child’s identity.

The civil lawsuits are separate from the criminal case in Torrington against former BrightPath employee Jan Berrios-Otero. He faces multiple sexual assault charges involving boys between the ages of 3 and 5.

The lawsuits allege the daycare was negligent in protecting children from Berrios-Otero.

“The fact there are other cases may change it, I certainly think the potential volume of claims here are enormous, there is other counsel involved,” attorney Tim O’Keefe said.

O’Keefe also said more lawsuits could be filed.

“I suspect many others will be filed as well, so that could ultimately impact the process,” O’Keefe said.

According to court documents, Berrios-Otero is accused of inappropriately touching multiple boys during nap time. Investigators said the alleged incidents were captured on surveillance video.

Avon police said they identified six incidents involving five children over about a month when surveillance footage was available. Police said the investigation remains ongoing.

Eric Schoenberg, with the Freeman Law Firm, represents John Roe 2 and John Roe 3 in separate civil cases.

“The filing of two lawsuits is the beginning of what is a very long process,” Schoenberg said.

Schoenberg said the lawsuits are focused on transparency and examining whether the daycare failed to properly protect children.

“What policies and procedures were in place, whether they were followed, what level of oversight were in place, you need oversight, these are children, these are our most vulnerable citizens. We have to protect them, and we have to do better,” Schoenberg said.

Attorneys representing Busy Bees declined to comment outside the court.

The civil cases are being heard in Hartford while the criminal proceedings against Berrios-Otero continue in Torrington.

“It’s part of what we see as a much broader effort as there are just so many potential and likely victims,” Schoenberg said.

An attorney representing John Roe 4, tied to the newest lawsuit filed Thursday, said in a statement,”This lawsuit alleges a profound breach of trust and a failure to protect vulnerable children at BrightPath Avon Child Care Center. Our client and their family are seeking accountability, transparency, and meaningful changes to ensure no other child experiences this kind of harm. We intend to pursue the facts wherever they lead and to hold all responsible parties accountable.”

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