Inset: Kaleb Ortega (GoFundMe). Background: The Washington state park where Kaleb Ortega was killed (KNDO).
A 3-year-old boy in Washington state was killed when a large stone monument at a public park toppled onto him, allegedly because the structure was top-heavy and unsafe, as his father and 5-year-old sister witnessed the tragedy, according to a lawsuit.
Kaleb Ortega was with his family at Rooks Park in Walla Walla when the fatal incident occurred on April 1, according to the Elkhorn Media Group and the Walla Walla Union-Bulletin, which reviewed a complaint filed by Kaleb’s parents in Walla Walla County Superior Court.
The lawsuit says the monument — dedicated to U.S. Naval Capt. Albert H. Rooks and the USS Houston CA-30 — “fell in a matter of seconds and crushed Kaleb” because it was excessively heavy, unstable and not properly secured. His parents contend that warning signs or instructions should have alerted visitors that the monument could fall.
“On what started as a normal, happy day filled with play, an unimaginable accident occurred that took Kaleb from us far too soon,” a GoFundMe description says. “No one could have anticipated the heartbreak that would follow.”
Kaleb’s mother, who works as a hospital nurse, was on her Wednesday shift when an ambulance arrived carrying her critically injured son. According to the complaint, she saw medical staff attempting to resuscitate Kaleb, an experience that left her with severe emotional trauma. He later died at the hospital.
After the incident, the U.S. Army Corps of Engineers reportedly shut down Rooks Park and took down the monument. The lawsuit names Boulder Designs, Boulder Designs Franchising LLC, Border Magic, Builders FirstSource Inc., American Rock Products, Wenzel Nursery, Double T Construction Ltd., Neil Binder and the Binder marital community as defendants.
The defendants are accused of being involved in building and displaying the monument. Kaleb’s parents allege the structure was renovated during a 2019 Eagle Scout project, when deteriorating wooden components were replaced with rock features, the Union-Bulletin reported.
The defendants have been served with notices of the lawsuit but have not yet filed responses as of June 17. None of the defendants have responded to requests for comment.
