Milano ISD superintendent killed in Waco accident was getting divorced; father seeking to intervene in wrongful death lawsuit
WACO, Texas (KWTX) - The Central Texas superintendent killed last month in a traffic incident was getting divorced, and her father is seeking to intervene in the wrongful death lawsuit filed this week by her estranged husband.
KWTX reported Wednesday that Jose Antonio Luevanos, husband of Elisabeth Avila Luevanos, is seeking more than $1 million in damages in his lawsuit against On Roadside Assistance Austin Inc.
At the time of her death, the 46-year-old Elisabeth Luevanos was superintendent of the Milano Independent School District in Milam County. She was struck Oct. 6 by a driver for the roadside assistance company in a parking lot while leaving Gold’s Gym, 250 N. New Road in Waco.
She died Oct. 27 at an Austin hospital.
On Oct. 3, Luevanos and her husband reached a mediated settlement agreement to resolve their divorce. The Luevanos were set to go to court to finalize their contentious divorce Oct. 7, the day after she suffered major injuries, Waco attorney Gerald Villarrial said.
While the couple was still legally married, Elisabeth Luevanos, who filed for divorce in November 2024, died without a will. Her father, Mauro Avila, alleges in his petition to intervene in the wrongful death lawsuit that his son-in-law “has falsely represented to the court that he is a representative of the Estate of Elisabeth Avila Luevanos.”
“However, he has not been appointed by any court as an administrator or representative of the Estate of Elisabeth Avila Luevanos. Intervenor, Mauro Avila, is the sole surviving parent of Ms. Luevanos,” the petition alleges.
“It is incredible to me knowing this lady was divorcing him and knowing they already signed a settlement agreement for him to want to capitalize on her death,” Villarrial said Thursday.
Waco attorney Michael Zimmerman, who represents Jose Antonio Luevanos, declined comment Thursday on the intervening petition filed by Elisabeth Luevanos’ father.
The intervening petition asks that any judgment for damages from the wrongful death suit be awarded to Avila.
On Roadside Assistance Austin LLC was performing work for AAA Texas LLC or The American Automobile Association Inc. when the incident occurred, the lawsuit alleges. The driver of the vehicle was not named as a defendant in the lawsuit.
The lawsuit claims the company was negligent through a reckless disregard of duty by failing to hire qualified commercial drivers, failing to properly train drivers, failing to have safety policies and procedures and by failing to properly supervise commercial drivers.
“Employers of commercial drivers must always hire qualified persons, train them and properly supervise them,” the lawsuit states. “If a company fails to do so, and as a result someone is injured, the employer must be held responsible.”
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