A $15 million wrongful death claim has been filed against Flowing Wells Unified School District in the death of a 9-year-old student who was killed when a school gate fell on her.
Arlette Chavira was killed Nov. 17 when a gate at Centennial Elementary malfunctioned, crushing her.
The claim was filed on behalf of her parents, Sergio Chavira and Luz Encinas, on April 23. The 32-page document called Chavira’s death “entirely preventable … were it not for the egregious, negligent conduct and failures of FWUSD and its employees, agents and staff.” A claim is a precursor to a lawsuit.
The Arizona Daily Star filed a public records request with Flowing Wells Unified School District soon after the accident. It revealed a work order for the gate was filed nine days before it fell on Chavira.
The document states that welding work was requested for the gate “behind the kitchen” and needed to be finished “ASAP” with “medium” priority.
According to the claim, on the day of the incident Chavira and her 7-year-old sister — referred to as “Jane Doe Chavira” in the claim — were walking from the elementary to the nearby junior high where their mother worked.
On the way they stopped to help a Centennial worker close a heavy metal rolling gate.
“Arlette and her sister were pulling on the metal gate, it rolled past the ‘stop bar,’ came off its tracks and violently fell on Arlette, striking her in the face and head and crushing her skull,” the claim says. “Arlette’s sister was able to jump out of the way just in time to avoid getting hit by the gate, as she watched the gate crush Arlette’s head.”
When Pima County sheriff’s deputies arrived at the scene, they found Chavira. The school employee had tried to save the girl, but was unable to lift the gate, the claim states.
Chavira was taken to a hospital where she died.
A Flowing Wells district official contacted Tuesday told the Arizona Daily Star the district was unable to comment on the claim.
