Husband of Milano ISD superintendent killed in Waco accident files wrongful death lawsuit against roadside assistance company
At the time of her death, Elisabeth Luevanos was superintendent of the Milano Independent School District.
WACO, Texas (KWTX) - The husband of a Central Texas superintendent killed last month in a traffic incident in Waco has filed a wrongful death lawsuit against the roadside assistance company involved in the fatal event.
Jose Antonio Luevanos, husband of Elisabeth Avila Luevanos, is seeking more than $1 million in damages in his suit, filed Monday in Waco’s 74th State District Court against On Roadside Assistance Austin Inc.
At the time of her death, Elisabeth Luevanos was superintendent of the Milano Independent School District in Milam County. She was 46.
Phone messages left at On Roadside Assistance Austin were not returned Wednesday.
Waco attorney Michael Zimmerman, who represents the Luevanos family, declined comment on the lawsuit Wednesday.
According to the lawsuit, Luevanos was walking in a parking lot in front of Gold’s Gym, 250 N. New Road in Waco, on Oct. 6 when she was struck by the vehicle.
“As Elisabeth Luevanos waked toward the gym’s access sidewalk and door, (the driver) negligently collided with her, causing her to suffer serious physical injuries,” the lawsuit alleges.
Luevanos was rushed to a Waco hospital. She died Oct. 27 in Travis County, according to the lawsuit.
The driver is not a defendant in the lawsuit. The company was performing work for AAA Texas LLC or The American Automobile Association Inc. when the incident occurred, the lawsuit alleges.
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.”
The lawsuit alleges the driver, while working for the company, failed to keep a proper lookout for Luevanos’ safety, failed to drive attentively, failed to stop, yield and “grant immediate use of the intersection in obedience to an official traffic control device (traffic light) and failed to take evasive action to avoid the collision.
After Luevanos’ death, Milano school board President Levi Keen issued a statement saying, “Superintendent Luevanos led with compassion, integrity, and an unwavering commitment to doing what was best for children. She guided Milano ISD with vision and heart, and her loss is deeply felt across our district and community. We extend our heartfelt condolences to her family and loved ones.”
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