Juan Pablo Ariza-Rozo (inset) and the aftermath of the fatal crash (Images via obituary and KTRK screengrab)
The family of a 7-year-old boy who was fatally wounded on the way to his first day of school as a second grader on Aug. 8 has filed a $100 million-dollar wrongful death and negligence lawsuit against both the driver who allegedly caused the crash and the company that hired him despite his involvement in seven prior collisions since 2016.
Mother Andrea Ariza-Rozo and father Ferley Ariza first filed a petition in Harris County, Texas, in September, the court docket shows, against Juan Napoles, Jr. and Hussmann Corporation over the death of their son Juan Pablo Ariza-Rozo, 7. Plaintiffs are also suing over the “serious injuries” that the victim’s brother, A.A., and their mother sustained in the crash.
Andrea Ariza-Rozo was driving her sons to their first day of school on I-69 when Napoles allegedly lost control of his vehicle, hit a guardrail, and launched his company’s truck into the air.
Ultimately, the truck “landed on top of” the family’s vehicle, causing a “violent and deadly collision,” the suit said.
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Juan Pablo, who was in the backseat of the car in a booster seat at the time of the horrific crash, died two days later, according to the lawsuit.
The lawsuit included a heartbreaking photograph of a blank form — “This is me on the first day of school” and “This is how I write my name” — that Juan Pablo never got to fill out.
The suit claimed the investigators “noted the only contributing factor to the collision” was Napoles’ “failure to drive in a single lane.”
The plaintiffs’ attorneys say that Napoles is not the only one to blame, however.
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“The Hussmann Defendants knew or should have known that Defendant Juan Napoles, Jr. was not a prudent driver,” said the plaintiffs, who are represented by Houston-area law firm Abraham Watkins.
The parents’ attorneys said that Napoles “had an objectively terrible driving record” that included seven collisions since 2016, the fatal crash being the eighth.
The suit alleged that Napoles was involved in a 2018 crash where he claimed that he had just gotten out of work, that he was tired, and that he “closed his eyes for a quick moment” while behind the wheel.
The lawsuit assigned blame to Napoles’ employer for hiring him in the first place.
“[T]he Hussmann Defendants had the duty to conduct a pre-employment investigation into Defendant Juan Napoles, Jr.’s background and properly train Defendant Juan Napoles, Jr. prior to hiring him as a driver,” the suit alleged. “The Hussmann Defendants breached said duty by failing to conduct a pre-employment investigation […] both with regard to prior employment and with regard to prior driving history and failing to properly train” their driver.
Attorney Brant Stogner, in comments to local ABC affiliate KTRK, referred to Napoles as “a ticking time bomb on the roadways with us, our friends, and our children.”
“Hussmann Corporation put a bad driver, with a terrible record, behind the wheel of a motor vehicle,” he said.
Juan Pablo’s family said that he loved collecting Pokemon cards, playing soccer, and wanted to be an architect when he grew up.
“Juan was a second grader at Southside Elementary, where his intelligence and love for learning shone brightly. He was a bright light, radiating intelligence, love, and kindness. His passions were as diverse as they were inspiring, including swimming, dancing, building, drawing, collecting, and trading Pokemon cards and all things Lego,” the victim’s obituary said. “His love for life extended to the soccer field, where he played with enthusiasm. Additionally, he had dreams of becoming an architect when he grew up.”
Read the plaintiffs’ petition here.
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