WACO, Texas (KXXV) — The husband of Milano ISD superintendent who died last month has filed a wrongful death lawsuit, seeking more than $1 million in damages after his wife was hit and killed by a roadside assistance company's vehicle in a Gold's Gym parking lot last month.
Jose Antonio Luevanos filed the lawsuit on Nov. 10 in McLennan County District Court against On Roadside Assistance Austin Inc., alleging the company's employee negligently hit and killed his wife, Dr. Elisabeth Avila Luevanos, on Oct. 6.
According to the petition obtained by 25 News, Elisabeth Luevanos was walking toward the gym's entrance when On Roadside Assistance Austin employee Holden Hudnott, operating a vehicle in the course of his employment, collided with her in the parking lot.
She was transported to Baylor Scott and White Hospital in Waco and died Oct. 27 in Travis County.
The lawsuit alleges On Roadside Assistance Austin Inc. was performing work for AAA Texas LLC or The American Automobile Association at the time of the collision.
Luevanos, who is serving as both an individual plaintiff and estate representative for his deceased wife, claims the Spring-based company failed to properly hire, train and supervise its commercial drivers.
The petition specifically alleges Hudnott failed to maintain proper lookout, drive attentively, obey traffic control devices, apply brakes and take evasive action to avoid the collision. The lawsuit also claims Hudnott violated Texas Transportation Code by failing to yield at an intersection with a traffic control device.
Luevanos is seeking damages for medical expenses, physical pain and suffering, physical impairment, disfigurement and lost wages and earning capacity. The lawsuit indicates Elisabeth Luevanos died without a will.
Milano ISD is hosting a celebration of life for Elisabeth on Saturday, Nov. 15 at 10 a.m. at the Milano High School Gymnasium.
25 News reached out to On Roadside Assistance for a comment or statement on the lawsuit and left a message.
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