Fire Victim's Mom Files Lawsuit Against Tata, Texas:

Lawyer: Texas really screwed up

Updated: Wednesday, 23 Mar 2011, 7:57 PM CDT

Published : Wednesday, 23 Mar 2011, 3:15 PM CDT

JOHN PERERA: Web Producer

HOUSTON - A 3-year-old son dead and a 2-year-old daughter's life forever changed. Tiffany Dickerson wants payback and she's going all the way to the top to get it.

Just hours before Jessica Tata made her first Houston court appearance, a lawsuit was filed against her. Dickerson is suing Tata, Tata's parents and the state of Texas.

Dickerson's 3-old-son, Shomari, died in that Feb. 24 child care fire in west Houston. Her 2-year-old daughter, Makayla, survived the fire but suffered severe burns over much of her body.

Attorney Mike Gallagher is representing Dickerson in the civil lawsuit.

"The reason we're suing the state of Texas is because they screwed up about as badly as I have seen in my career," said Gallagher.

The lawsuit claims the parties’ gross negligence contributed to the deaths of the 4 children and the injuries of 3 others in that fire.

Dickerson is seeking damages against the parties involved. The amount being sought after is unspecified in the lawsuit, but they do seek the following:

-- On behalf of Shomari: medical expenses and funeral expenses
-- On behalf of Makayla: medical fees spent for past and future treatments
-- On behalf of Tiffany: damages for the psychological trauma caused by the events
-- Punitive damages against the parties for their gross negligence

== Tata Failed Her Duties ==

Tata, the owner and operator of Jackie’s Child Care, faces 13 charges including Manslaughter and Reckless Injury to a Child; All of which, Tata has pleaded not guilty .

The lawsuit claims Tata neglected her “duty to use reasonable and ordinary care in the operation of a daycare.â€