by Deborah Takahara
Source: Fox31 Denver

COMMERCE CITY, Colo. — A Commerce City family is suing Walmart and one of their eye doctors after a 4-year-old girl claims she was sexually assaulted by him.

The incident happened at the Walmart at 5990 Dahlia Street in Commerce City in October of 2010. But the victim’s family’s lawsuit claims Walmart knew of a similar allegation against Diego Posada in 2006 and did nothing to prevent it from happening again.

Posada was arrested and charged with sexual assault, but on August 15, 2012, he pleaded guilty to a lesser charge of misdemeanor assault.

He is currently serving one year in Adams County Jail.

According to court records, the young victim was in the exam room with her mother during an eye exam.

The victim’s attorney, Laura Alms of the Hale Westfall Law Office in Denver said, “He put eye drops in, he dialated her pupils, covered them with a cloth, making it dark and impossible for her to see.”

During the five-minute period that followed, Dr. Posada is accused of pulling the young girl’s pants down and touching her private areas.

Alms said, “They found a variety of allegations and evidence including child pornography on a computer and semen throughout the office in various places.”

The lawsuit claims police found specific areas that tested positive for human semen “in Defendant Diego Posada’s office portion of the Commerce City SuperCenter were (1) the front of the refrigerator, (2) the east wall, (3) the fax machine, (4) the office chair, (5) desk drawers, (6) the edge of the counter above the drawers, (7) a blanket under the sink, (8) a Christmas stocking on the back of the door handle.”

Alms told FOX31 Denver the family is still very upset.

She said, “You’re a mother, sitting in the same room, where molestation of a child is taking place, you have some guilt, you feel badly, your child is now irreparably harmed. It has devastated the family.”

She says this should’ve never happened. Alms said Walmart knew of similar allegations against Diego Posada four years earlier, when another mother filed an internal complaint with Walmart.

According to the lawsuit, Walmart officials found the allegations unsupported and closed the case. Alms said, “It’s the 2006 incident that put them on alert that they might do further investigation, they might report this to authorities, they had a duty to report this to law enforcement and that could’ve prevented what happened in 2010.”

Walmart representatives and lawyers for Posada have not returned our calls. The lawsuit could take years to go to trial or reach a settlement.