Parents file suits against school, driver after deadly accident

A lawsuit filed after a tragic accident in December killed a Boerne school teacher and student seeks $1 million from both the driver and from the school, claiming negligence on their parts. 

School employee Alexia Rosales was watching over several children in a fenced-in play area behind one of the ExcellED Montessori School’s buildings in the 27500 block of Interstate 10 the afternoon of Dec. 19. According to the suit, about 4 p.m., a sport utility vehicle driven by Valerie Haas accelerated into another vehicle, propelling both vehicles into a black metal fence, which then collapsed into the school play area where Rosales stood watch over a group of children, including 1-year-old MKaya Amrani. 

Rosales and Amrani were pinned under the fence and the vehicles. The 22-year-old Rosales was pronounced dead at the scene; MKaya died Jan. 2 from her injuries. 

The suit places responsibility for the deaths on Haas, claiming she failed to maintain proper control of her vehicle, failed to take evasive action and failed to drive at an appropriate speed. 

“Alexia Rosales’ death was ... caused by the defendant’s negligent, careless and reckless disregard” for the safety of others, the suit claims. 

The suit accuses ExcellED of having an “improperly secured, improperly built and improperly reinforced fence” where the school’s students were playing under teacher supervision. 

It says the school was negligent in failing to place proper and adequate barriers between the parking lot and the play area where the children were playing. 

“The families just want justice for what was done, and not done,” said Andrea De La Garza, attorney and partner of the Alamo City Law Firm, which is representing the families of both Rosales and Amrani. 

The evening of the accident, Bexar County Sheriff Javier Salazar told members of the press that the driver had a medical condition that may have been a factor in causing the incident. Haas was taken to University Hospital by sheriff’s deputies after the accident. 

The lawsuit states that Haas “had a duty to exercise the degree of care that a reasonably careful person would use” to avoid harm to others. 

The suit said plaintiffs in the case suffered physical pain and mental anguish, placing a value of $1 million to also cover medical expenses, medical treatment and hospital costs, as well as funeral and burial expenses for both Rosales and Amrani and their families. $1 million will be sought from each of the defendants. 

A spokesman contacted at the school said they can have no comment as a result of the ongoing investigation and in light of the lawsuit. Calls made and emails sent to reach Haas and a legal representative were not answered. 

At this time, no charges have been filed by the Bexar County Sheriff’s Office.