JACINTO CITY, Texas – The family of a 9-year-old who was struck and killed by the driver of a van who had just dropped him off near his home is now filing a wrongful death lawsuit against the driver and owner of the vehicle.
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner partner, Brant J. Stogner, and attorney Jen Stogner filed the lawsuit on behalf of Jessica Quintanilla, the deceased 9-year-old, Isaac Villafranca and Veronica Munoz.
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 damages over $1,000,000.00.
“This is a tragedy, and this should NEVER happen. 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,” said attorney Brant Stogner.
What Happened?
On Oct. 12 around 3 p.m. the child and several other children were on a private van that was transporting them home after school.
When the boy arrived at his destination, he exited and crossed in front of the van, but the driver allegedly did not see him and struck him.
The boy sustained head trauma and died from his injuries. He was just one house away from his residence.
Jacinto City Police Chief Joe Ayala told KPRC2 News his department’s investigation is ongoing but they are exploring the possibility of charging the driver with involuntary manslaughter, pending a decision from the Harris County District Attorney’s Office whether to take the case to a grand jury.