The family of a three-year-old boy who was tragically died in a playground accident has filed a lawsuit for emotional damages.
Kaleb Ortega suffered fatal injuries when an edifice struck him on April 1 at Rooks Park in Walla Walla, located in the south of Washington State near the Oregon border.
View 4 ImagesRooks Park in Walla Walla, located in the south of the Washington State near the Oregon border(Image: TripAdvisor)
The lawsuit claimed that Kaleb was at the park with his father and five-year-old sister when the monument “fell in a matter of seconds and crushed” him. First responders rushed him to hospital, where his mom was working as a nurse. He passed away at the hospital.
His heartbroken parents, Claudia and Miguel Garcia, have sued several companies involved in the monument’s construction for emotional damages, claiming the landmark was not “reasonably safe”.
Rooks Park, where the horror unfolded, is a public recreational ground in Walla Walla County operated by the US Army Corps of Engineers. The monument honoured Captain Albert H. Rooks and the USS Houston CA-30.
View 4 ImagesThe monument honoured Captain Albert H. Rooks and the USS Houston CA-30(Image: Facebook)
The park was closed for two weeks after Kaleb’s death “to ensure something like that doesn’t happen again” and “out of respect for those involved”.
The incident was also described on a GoFundMe page launched for his family. April 1 “started as a normal, happy day filled with play” but “an unimaginable accident occurred that took Kaleb from us far too soon,” the page read.
“No one could have anticipated the heartbreak that would follow.”
Little Kaleb was remembered as “a joyful, busy little boy who filled every moment with life”.
“While we are overwhelmed with grief, we are also holding tightly to the countless beautiful memories he gave us memories that feel like precious gifts.
“He was always on the move, happiest when he was playing, exploring, and especially when he was with his big sister, his best friend,” the page read.
“The two of them spent hours together, laughing, playing, and making memories that their family will hold onto forever.”
View 4 ImagesKaleb’s older sister was his best friend(Image: GoFundMe)
The lawsuit, filed in Walla Walla County Superior Court, lists Boulder Designs, Boulder Designs Franchising LLC, Border Magic and Builders FirstSource Inc as defendants. American Rock Products, Wenzel Nursery, Neil Binder and the Binder marital community and Double T Construction Ltd are also named as defendants.
The May 12 lawsuit alleged that one or more of the companies were negligent in the design of the monument, or that it lacked appropriate warnings.
The family is seeking emotional damages due to the distress Kaleb’s father and sister suffered at the scene and his mother in the hospital.
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Defendants have yet to file responses to the family’s lawsuit.