A 3-year-old boy’s trip to the playground turned into an unthinkable nightmare after he was crushed to death by a park monument — and his nurse mother only learned of the horror when her little boy was rushed into the hospital where she worked.
Kaleb Ortega was at Rooks Park in Walla Walla, Washington, with his father and 5-year-old sister on April 1 when a monument suddenly toppled and fell on him, according to a lawsuit filed by his grieving family.
The little boy suffered fatal injuries and was rushed by first responders to the hospital. That is where his mother, Claudia Garcia, was working as a nurse.
In a gut-wrenching twist, Claudia allegedly saw her own son arrive by ambulance, setting off what the family describes as severe emotional trauma.
Kaleb later died from his injuries.
Now, his heartbroken parents, Claudia and Miguel Garcia, are suing multiple companies involved in the creation and installation of the monument, claiming the structure was not “reasonably safe.”
The lawsuit says Kaleb was at the park with his dad and big sister when the monument “fell in a matter of seconds and crushed” him.
The monument honored Captain Albert H. Rooks and the USS Houston CA-30. Rooks Park, a public recreation area in Walla Walla County near the Oregon border, is operated by the U.S. Army Corps of Engineers.
After the tragedy, the park was closed for two weeks. Officials said the closure was done “to ensure something like that doesn’t happen again” and “out of respect for those involved.”
Kaleb’s devastated family later shared their heartbreak through a GoFundMe page.
“On what started as a normal, happy day filled with play, an unimaginable accident occurred that took Kaleb from us far too soon,” the page read. “No one could have anticipated the heartbreak that would follow.”
The family remembered Kaleb as “a joyful, busy little boy who filled every moment with life.”
“He was always on the move, happiest when he was playing, exploring, and especially when he was with his big sister, his best friend,” the page said.
The tribute said Kaleb and his sister spent countless hours laughing, playing and making memories their family will hold onto forever.
“While we are overwhelmed with grief, we are also holding tightly to the countless beautiful memories he gave us — memories that feel like precious gifts,” the family wrote.
The lawsuit, filed May 12 in Walla Walla County Superior Court, names several defendants, including Boulder Designs, Boulder Designs Franchising LLC, Border Magic and Builders FirstSource Inc.
American Rock Products, Wenzel Nursery, Neil Binder and the Binder marital community, and Double T Construction Ltd. were also named as defendants.
The family claims one or more of the companies may have been negligent in the design, construction or installation of the monument. The lawsuit also alleges there may have been a lack of proper warnings.
Kaleb’s parents are seeking emotional damages, citing the trauma endured by his father and sister at the scene and by his mother at the hospital.
The defendants have not yet filed responses to the lawsuit.
For Kaleb’s family, the legal fight comes after a day at the park turned into a loss no parent could ever imagine.