HOUSTON — A wrongful death lawsuit has been brought against the owner and driver of a van that struck and killed a nine-year old child.
Attorney Brant Stogner, a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, and attorney Jen Stogner filed the suit on behalf of Jessica Quintanilla, individually and as representative of the estate of I.V., Raul Villafranca, and Veronica Munoz.
According to a press release, on Oct. 12 the child exited a stopped van after being picked up from Jacinto City Elementary school. The child was let out on the passenger side of the van, and his home was on the opposite side of the street. While the child was walking in front of the van that just dropped him off to get to his home, the driver of the van rapidly accelerated forward striking the child and running over his body. The child was unable to avoid being struck by the van because of the speed used to accelerate from a stopped position.
The child sustained fatal injuries and later passed away. The child’s mother (Quintanilla) and grandmother (Munoz) witnessed the entire incident and the injuries suffered by the child as a result of the defendants’ negligence.
According to the press release, investigating officers noted that the driver’s failure to yield and inattention as the only factors contributing to the incident. The defendants do not have a transportation company registered with the state of Texas.
“This is a tragedy, and this should never happen,” said attorney Brant Stogner. “This family trusted the defendants to put their child’s safety first - to transport him to and from school. Here, the same van that dropped him off, hit him and ran over him moments later. In front of his own home, in front of his mother and grandmother – how does that even happen? This family has suffered in ways none of us can imagine. Not just that day. He won’t be with them at Thanksgiving or Christmas, this year, or any other. These should be the best years of this child’s life. To have it taken from him, while his mother and grandmother witnessed it all, is unspeakable. The only reason this boy lost his life is because the defendants failed to put safety first,”
The lawsuit alleges negligence, negligence per se, negligent entrustment, wrongful death, and survival claims, as well as gross negligence against the driver and the owner of the vehicle. The family of the child, including Quintanilla, Munoz, and Villafranca (father of I.V.) and the child’s estate are seeking more than $1 million in damages.