MEAGAN MOSER and JONATHAN MOSER, as Parents and natural guardians of J.A.M., a minor, are suing EXCEL CHRISTIAN ACADEMY AND PRESCHOOL, LLC, a Florida Limited Liability Company,
Documents were filed on 01/30/2026
The Plaintiffs, MEAGAN MOSER and JONATHAN MOSER, as Parents and natural guardians of J.A.M., a minor, by and through their undersigned attorney, and sues the Defendant, EXCEL CHRISTIAN ACADEMY AND PRESCHOOL, LLC, a Florida Limited Liability Company (hereinafter “EXCEL ACADEMY”), and in support thereof, states the following:
This is an action for damages in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, fees, and costs.
The Defendant, EXCEL ACADEMY, breached that duty by committing one or more of the following acts or omissions:
a. Negligently permitting its employees to leave unattended babies, minors, and attendees (including Plaintiff) in unsafe and dangerous conditions, including exposure to sun and heat on its premises;
b. negligently failing to undertake adequate and reasonable measures to prevent all foreseeable danger to its childcare center attendees, including Plaintiff, J.A.M, a minor;
c. Negligently failing to adequately supervise its employees to ensure the safety of its childcare center attendees;
d. Negligently failing to train its employees as to the proper supervision and oversight of attendees in outdoor settings;
e. Negligently hiring employees, including Beatriz Gallardo, who displayed wanton disregard, if not negligent disregard, for the safety of childcare center attendees, including Plaintiff, J.A.M., a minor;
f. Negligently allowing childcare attendees, including Plaintiff, J.A.M., a minor, to be present in an area of tis premises where dangerous condition(s) existed; and
g. Negligently allowing childcare attendees, including Plaintiff, J.A.M., a minor, to be exposed to sun and/or heat, for prolonged periods of time without cover, protection, and/or shield.
On or about July 7, 2025, Beatrize Gallardo, breached that duty of care by negligently exposing attendees of EXCEL ACADEMY to unsafe and dangerous conditions like the ones alleged herein.
As a direct and proximate result of the foregoing actions, inactions, errors, and/or omissions by EXCEL ACADEMY, the Plaintiff, J.A.M., a minor, suffered both in the past and in the future bodily injury, pain and suffering, disability, disfigurement, mental and physical anguish, loss of the capacity for the enjoyment of life, the expense of hospitalization and nursing care and medical treatment, and loss of earnings and earning capacity. J.A.M.’s losses are permanent or continuing in nature, and he will continue to suffer the losses and impairment in the future.
EXCEL ACADEMY had a duty to Plaintiffs by failing to comply with Chapter 402, Florida Statutes, and violated the same in the following ways:
- Failed to meet the minimum licensing standards required by §402.305 that are designed to protect children’s health and safety, including preventing foreseeable heat/sun exposure injuries.
- Failed to maintain safe conditions and appropriate supervision for infants in care, resulting in the child being left outside in the sun and sustaining severe burns.
- Failed to comply with the staff-to-children ratio requirements for the child’s age group, contributing to inadequate supervision and monitoring.
- Failed to ensure that the teacher/personnel responsible for the minor had completed the required health and safety training mandated for childcare personnel.
- Failed to ensure that childcare personnel timely began and completed the required introductory child-care training and competency requirements.
- Failed to ensure childcare personnel completed required ongoing in-service/continuing education to maintain child-safety skills.
- Failed to ensure childcare personnel met the minimum statutory requirement of good moral character and Level 2 screening before working with children.
- Failed to comply with statutory requirements for fingerprint-based screening of childcare personnel before allowing contact with children.
- Failed to ensure compliance with required sanitation and safety standards, including proper emergency procedures and response protocols for child injury.
- Failed to ensure that at least one staff member with current, documented in-person CPR training was present at all times children were in care.
- Failed to ensure the facility was operated under the supervision of a properly credentialed director responsible for safety compliance and staff oversight.
- Failed to properly train, supervise, and monitor the teacher on duty as required to comply with $402.305’s minimum child-safety standards
EXCEL ACADEMY will not comment on the case. Pastors Scott and Cindy Thomas will not comment on the case
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