Sergio Chavira and Luz Encinas sent their daughters to school on November 17, 2023, never expecting what would happen later that day. Arlette Chavira, 9, and her 7-year-old sister left Centennial Elementary School in Tucson, Arizona, that afternoon. They walked across the courtyard to meet Encinas at the junior high where she worked. While on their way, the girls encountered a maintenance worker and offered to help move a heavy metal gate. But a freak accident caused the gate to come off the track, killing Arlette. Her family filed a $15 million lawsuit in 2024 against the school district and recently reached a settlement.
According to court documents obtained by Law & Crime, Arlette and her sister loved to help others.
“Arlette and her seven-year-old sister liked to help out at school. They would frequently give the maintenance staff a hand with all sorts of tasks,” according to the lawsuit. “As they were leaving school, the little girls saw Centennial Elementary’s [custodial manager] outside near the rolling metal gate near the dumpsters on the west side of the school. Seeing that the gate was still open, and knowing that the gate was supposed to be closed after school, young Arlette and her sister asked [the custodial manager] if they could help him close it, as they had done many times before.”
The maintenance worker accepted the girls’ help, but when they pulled the gate, it malfunctioned, ultimately crushing Arlette’s skull.
“Arlette’s sister was able to jump out of the way just in time to avoid getting hit by the gate, as she watched the gate crush Arlette’s head,” according to the claim. “[The custodial manager] tried to lift the gate off of Arlette but was unable to do so by himself.”
Several witnesses jumped in to help. Arlette experienced profuse bleeding before emergency responders arrived. While en route to the hospital, she coded multiple times. Sadly, she died. Although her 7-year-old sister survived, the incident has caused incredible emotional trauma.
Arlette’s family believes the accident was fully preventable. According to court documents, the gate had a crack and extensive rust, and staff were aware of the dangerous conditions, Law & Crime reported. The custodial manager reportedly “submitted a maintenance request to repair the gate on November 8, 2023 — nine days before the deadly incident.”
The family’s lawsuit claims both the Flowing Wells Unified School District and the maintenance worker were negligent.
“Arlette was a bright young girl who got good grades and was on the honor roll … and took pride in her school. … The Chavira family will never be the same after losing young Arlette,” the lawsuit claims.
The family reportedly settled with the district on undisclosed terms. Nothing will bring Arlette back, but hopefully the lawsuit will set a precedent and ensure that children’s safety always comes first.
