On November 17, 2023, 9-year-old Arlette Chavira, an honor student at Centennial Elementary School in Tucson’s Flowing Wells Unified School District (FWUSD), died after a faulty rolling metal gate fell on her, crushing her skull. She was helping the school’s custodial manager close the gate near the dumpsters, alongside her 7-year-old sister, as they often assisted staff. The gate derailed past its damaged stop bar, which had a known cracked weld and rust. Her sister escaped injury, but Arlette suffered fatal head trauma despite rescue efforts by parents and paramedics, who performed CPR en route to the hospital.
Key Details from the Lawsuit
Arlette’s parents, Sergio Chavira and Luz Encinas, filed a $15 million notice of claim in April 2024, alleging negligence by FWUSD and the custodial manager. Highlights include:
- Prior Warning: The manager submitted a maintenance request on November 8, 2023—9 days earlier—noting a cracked weld on the stop bar, but repairs weren’t done as it required district specialists.
- Police Findings: Pima County Sheriff’s Office report confirmed the stop bar was “busted,” bent, and ineffective, allowing the gate to overrun.
- Negligence Claims: The district failed to repair or barricade the gate; the manager allowed children near it despite knowing its condition and even encouraged their help.
- Settlement: FWUSD settled with the family last week (early February 2026, per court records); terms undisclosed. District officials declined comment.
Photos in the claim showed heavy rust, underscoring long-term disrepair.
Legal Context in Arizona
This falls under premises liability and negligence law in Arizona (A.R.S. § 12-821 et seq.), where schools owe a duty of care to students. Claims against public entities like FWUSD require a notice of claim within 180 days (A.R.S. § 12-821.01), which the family met. Successful arguments often hinge on foreseeability—here, the known defect made injury predictable. Settlements avoid trials, common in school injury cases; comparable Arizona verdicts (e.g., faulty equipment deaths) range $1M–$10M+, adjusted for a child’s life and trauma.
The case echoes preventable school tragedies, like a 2022 California gate collapse settled for $20M, highlighting maintenance lapses as key factors in liability.
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