PRINCE GEORGE'S COUNTY, Md. — The family of a child who was hit and killed in a crosswalk outside Riverdale Elementary School last year is suing the school district and the woman who police say was driving the vehicle.
Sky Sosa, 5, was one of two children killed in the crash in the crosswalk. The other child was 10-year-old Shalom Mbah.
A cold day in November
Around 8 a.m. on Nov. 20, 2023, it was in the low 40s when Sky and Shalom were walking to school that morning. They entered the crosswalk that was just feet away from Riverdale Elementary School ─ accompanied by a parent of one of the kids.
Around that time, police say a woman was driving a van south on Taylor Road toward Riverdale Road. As the group entered the crosswalk, the Prince George's County Police Department says the van made a left turn into the crosswalk and struck the man and two children.
The driver stopped the van a few yards after the crash ─ a pile of the children's belongs scattered across the two-lane road behind it.
The kids were rushed to an area hospital in critical condition but later died from their injuries. The man was not seriously injured, according to police.
The driver of the van was identified as Olga Lugo Jimenez. She stayed at the scene and cooperated with investigators, the police department said.
Crossing guard shortage
The deaths of the children sent shockwaves through Prince George's County and shined a spotlight on the shortage of crossing guards in the county.
"It has been a challenge to bring crossing guards on board. We are not where we need to be in terms of meeting that challenge," Prince George's County Police Chief Malik Aziz said after the crash.
A public lack of available crossing guards pushed the police department into filling the gaps, and in January, Prince George's Police officers began filling in as crossing guards while the county worked toward a more permanent solution.
In April, Chief Aziz even went into the community to serve as a crossing guard at the intersection were Sky and Shalom were killed.
“What we wanted to do was serve as an example," Aziz said in April. "Examples start at the top in leadership ─ to come out and provide a safe environment for our children who are crossing the street."
The numbers in April stood at 302 crossing guard assignments at 151 intersections near 102 schools across the county. Officials said staffing began to decline in 2016 largely due to retirements, and by 2020, the pandemic had made it challenging to maintain an adequate number of crossing guards on staff.
Indictment
In June, a grand jury indicted Jimenez on two counts of criminally negligent manslaughter and two counts of causing serious physical injury and or death to a vulnerable individual while operating a motor vehicle.
“People have to take responsibility," Braveboy said. "So it is a tough case because we know that Miss Jimenez did not intend to hurt or harm anyone," Prince George's County State Attorney Aisha Braveboy said in June.
If convicted, Jimenez could face up to six years behind bars.
Lawsuit
On Monday, the family of 5-year-old Sky filed a wrongful death lawsuit against driver Jimenez, Prince George’s County, and the Prince George’s County Board of Education. Also named in the lawsuit is the person who owned the vehicle. They weren't present at the time of the crash.
The lawsuit alleges that the Prince George’s County Board of Education failed to provide a crossing guard at the intersection, despite knowing the risks posed by students. The lawsuit also claims the crosswalk remained unprotected for months after the crossing guard position became vacant.
The complaint claims that there were at least 83 crossing guard positions unfilled and interviews delayed until December 2023, and that students were left vulnerable to serious danger when travelling to school.
“This tragedy could have been prevented if better choices had been made,” said Daniel Cohen, an attorney at Cuneo Gilbert & LaDuca representing the Sosa family. “The driver’s actions, combined with the school’s lack of a crossing guard, led to a heartbreaking tragedy and the loss of Sky. While nothing can bring Sky back, we are seeking justice for his family. We hope that this serves as a wake-up call to drivers around school zones and for the school prioritize student safety.”
The lawsuit also accuses Prince George’s County of systemic failures in traffic safety and emergency response procedures. The suit claims that delays in transporting Sky to the hospital by the County’s Fire and Emergency Services Department contributed to his death.
“Sky lit up our world with his presence. His giggles and hugs every morning were the sweetest start to our day,” Laura Palacios, Sky’s mother, said in a news release. “He made our house feel like home. Now, it is quiet and empty. We miss him every day.”
Prince George's County Public Schools told WUSA9 on Monday that they can't comment on pending litigation.