HOUSTON, Texas – The parents of the 15-year-old Houston Independent School District student who was hit and killed by a train while walking to school have since filed a wrongful death lawsuit against Union Pacific Railroad and the train operator.
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On Monday, Dec. 9, Milby High School student Sergio Rodriguez was hit and killed while attempting to cross in front of a moving train at 2000 Broadway St. near I-45.
Sergio’s parents, Marco Antonio Ortuno and Cecilia Rodriguez, filed the lawsuit Wednesday with attorneys Ryan Zehl with Zehl & Associates and Richard Nava with Nava Law Group.
According to the lawsuit, the area where the incident occurred is a well-known pedestrian crossing frequently used by residents in the community, including students walking to nearby Milby High School.
KPRC 2 reported on Monday and days following the tragic accident that several residents who live in the area, including parents and students, and long called for something to be done about the dangerous route students have to take to get to Milbly High School.
“It’s dangerous for our kids, they have to put more security I think,” resident Vanessa Valdes said.
The lawsuit claims that there are no barriers or fencing preventing pedestrians from crossing the train tracks, adding that the train operator failed to sound the horn prior to hitting Sergio. The lawsuit claims this alone is in direct violation of both state and federal regulations.
“This heartbreaking loss is especially tragic—because it was entirely preventable,” said Zehl. “Union Pacific knew this crossing was a ticking time bomb for years yet chose to ignore the glaring safety hazards. This tragedy isn’t just negligence—it’s a failure of corporate responsibility, and we will hold them accountable to ensure no family ever suffers this kind of loss again.”
“Because of the negligence of Union Pacific and the train operator in this case, a promising young life is now over far too soon,” said Mr. Nava. “We will hold Union Pacific accountable and get this family justice.”
The lawsuit accused Union Pacific of the following in the lawsuit:
- Operating the train at an excessive and unreasonable speed
- Failure to engage the train’s horn, or any other warning in a timely fashion
- Failure to maintain a proper lookout for pedestrians
- Failure to take the proper precautions
- Failure to apply the train’s emergency brakes in a timely fashion
- Failure to hire qualified employees
- Failure to properly train and supervise employees
- Failure to create and/or enforce adequate safety policies and procedures
Sergio’s family is seeking over $1 million for physical, and mental pain, suffering and other claims.
During the initial investigation, Houston police said the train was traveling at a slow rate of speed and the guard rails were lowered when the accident happened. They also mentioned that Sergio crossed the tracks in an undesignated area, away from a monitored crossing where police are typically present before school hours.
KPRC 2 reached out to HISD to determine if they had any safety measures in place for students who have to cross train tracks to get to school or if students were reprimanded for being late to school due to waiting for trains to pass. The district emphasized that student safety takes precedence over school attendance policies.
Milby High School principal Ruth Pena waives tardies if passing trains delay students.
“We would never want students to jeopardize their safety to get to school on time,” HISD spokesperson Alexandria Elizondo stated. The district has hired additional police officers to monitor the area around the school during key arrival and dismissal times.
HISD said that Union Pacific Railroad manages train schedules that are beyond the district’s control.
KPRC 2 reporter Bill Barajas spoke to Mayor John Whitmire about the city’s response to dangerous railroad crossings. Whitmire said he’s working on placing a skywalk in the area, that will provide students who have to get to school a safe pathway. Barajas will have more on KPRC 2 News at 4 and 5 p.m.