It was supposed to be an early summer walk. Three friends, two dogs, a portable speaker and the blue Arizona sky.
In an instant, life changed for the young walkers when they were violently struck by a turning vehicle along West Naranja Road — a stretch of road Oro Valley officials knew was dangerous for pedestrians, family attorneys allege in a claim.
Now, the families of two of the friends, Avry Villalobos, now 18, who was seriously injured, and Olivia Villalobos, 13, who was killed in the crash, have filed a claim seeking $85 million from the town of Oro Valley, and other entities. They say the roadway was just as much to blame for the crash as the driver of the car that struck the girls.
Earlier this month, attorneys for Oro Valley filed a motion to dismiss the wrongful death claim by Adrian Villalobos, on a “hyper technicality,” attorney Martin Rodriguez said. A claim is a precursor to a lawsuit.
Rodriguez, who is representing Avry Villalobos in her own matters, explained that Arizona law allows either the mother or the father of the deceased individual to file a claim and to include all beneficiaries in that claim. However, both of Olivia’s parents can not file individual claims. In this case, two notice of claims were filed, and of varying amounts, which also goes against state law.
“First and foremost, we extend our deepest sympathies to the family and friends affected by the tragic incident on March 17, 2023, resulting in the loss of a young life,” said Town of Oro Valley Legal Services Director Tobin Sidles. He said the Town of Oro Valley has received three notices of claims related to this incident. However, “due to the ongoing nature of the claims, we are unable to provide detailed comments at this time.”
In their notices to the town, however, attorneys for the families had plenty of detailed comment about how life has changed since the crash and who they think should pay for their part in helping it occur.
The claims
Prior to the crash, Oro Valley officials knew the stretch of road was unsafe for pedestrians , especially being so close to Naranja Park, an area which sees plenty of foot traffic, the attorneys say. The town had numerous complaints regarding the dangerous road design in this area prior to the crash, but failed to act, they say.
A third girl was walking alongside the sisters at the time of the crash, but had been walking between the guardrail and the curb and was not struck, police reports indicate. Two dogs with the girls were killed.
After striking the girls, the vehicle’s driver, Sabrina Garcia, 29, called 911 and stayed on scene until paramedics arrived, police have said. Police determined she was not under the influence of drugs or alcohol, nor was she distracted by her phone, when the crash occurred, police reports indicate.
She was arrested on suspicion of one count each of causing death by moving violation and of causing serious physical injury by moving violation, the Oro Valley Police Department said in a news release. Town of Oro Valley Legal Services Director Tobin Sidles said that to avoid any conflict of interest, the prosecution of the case against Garcia was turned over to Tucson.
The crash
Police reports, written on the day of the fatal crash, reveal that the band of friends was walking with the flow of traffic in an unprotected stretch on eastbound Naranja Drive when Garcia pulled out of the park’s entrance, drifted into the bike lane and struck two of the three girls.
Olivia was killed, sister Avry left disfigured, depressed, and despondent after witnessing her sister’s traumatic death, court filings say. She suffered multiple lacerations, broken bones, and a brain injury, her attorney said.
With no sidewalks or multi-use paths in the area to accommodate pedestrians heading to and from Naranja Park, the group had few options besides the bike lane to walk in.
Family attorneys suggest that the current design caused “sight problems for drivers when it comes to spotting pedestrians” and forced pedestrians to walk in a narrow bike lane, which is “not even safe for bicyclists on high-speed roads.”
The claims also state that the town “knew of the need for pedestrian improvements along Naranja Drive prior to the incident” because the town considered a transportation alternatives grant for a multi-use path in that area last year but never took action.
Crash reports indicate that Garcia was leaving the park that afternoon after spending her lunch break with her boyfriend. As she was turning east on Naranja Drive to leave, she drifted into the bike lane for an unknown reason and struck both Avry and Olivia, police reports note.
Witnesses to the crash reported seeing bodies fly into the air.
The aftermath
Avry Villalobos, an avid horse rider and cowgirl, hasn’t been the same since the day of the crash, the claim states.
Her life and physical body have been scarred by what occurred, leaving her devastated and changing her life forever. Dreams of college have been dashed, her attorney said. Hopes for her future have been disrupted.
“Having witnessed her little sister run down and dying, while she herself lay there broken and helpless on the road, has caused a damage that may not truly ever be known or understood by anyone except Avry,” the young woman’s attorney states. “…At this time, Avry is in a very dark place — angry, depressed and trying to cope. Her future is uncertain and understandably scary.”
Since the crash, Oro Valley has made some changes benefiting pedestrians walking to, from, and past Naranja Park. They are actions that should have been taken years ago, family attorneys said.
Following the crash, residents voiced their concerns a little louder and attended council meetings where they urged town leaders to address the roadway issues head-on.
“What we saw after this incident is that things did happen,” attorney Michael Hestekin said. “Were they complete solutions? No. But they took some steps to try … It’s just a matter of priorities, and this needs to be a priority.”
Oro Valley Attorneys did not respond to further questions regarding the claims or the town’s motion to dismiss.
