A mother has filed a federal lawsuit against the Clark County School District, claiming a special education aide neglected to assist her 8-year-old son as he choked on pineapple during school lunch, resulting in his tragic death.
Details of the Incident
The lawsuit, submitted in U.S. District Court, represents Amanda Corbala, mother of Cruzito Ruiz, along with estate administrators. The event occurred around 11:20 a.m. on February 25, 2025, in the lunchroom at Bass Elementary School.
Security camera footage captured Ruiz slapping his back and signaling friends for help while clutching his mouth. He and another student approached aide Teresa Holve, who observed his “puffy cheeks.” The other boy informed Holve that Ruiz felt sick.
Instead of checking his airway or alerting staff or emergency services, Holve directed Ruiz to the boys’ restroom alone. The lawsuit highlights inconsistencies in Holve’s accounts: initially, she reported no memory of the boys or any distress; the next day, she mentioned instructing him toward a trash can and nurse’s office if needed.
Lawsuit Allegations Against Staff and District
Holve, employed since January 2022 and trained in CPR, allegedly had ample time to summon the school nurse, seek adult help, stay with Ruiz, or call 911. Sending him unsupervised isolated him from CPR-trained personnel and an AED.
Approximately five minutes later, students notified staff that they found Ruiz unconscious on the restroom floor. Staff applied an AED, which advised against shocking due to a non-shockable rhythm from oxygen deprivation. First responders arrived at 11:35 a.m., removed a large piece of pineapple manually, and rushed him to St. Rose Sienna Hospital.
Doctors diagnosed an anoxic brain injury from oxygen deprivation. Ruiz never regained consciousness and was declared brain dead on March 2, 2025, shortly before his ninth birthday. The suit deems his asphyxiation “foreseeable,” arguing isolation during choking signs inevitably leads to hypoxia, cardiac arrest, and death.
Further claims include the district’s failure to adequately train employees on choking emergencies. Ruiz, who suffered a traumatic brain injury at age 3, was on an individual education program addressing delays in reading, writing, and math.
Family’s Statement and School District Response
Attorneys Farhan Naqvi and Andre Lagomarsino stated that Ruiz’s family remains heartbroken and seeks to prevent future tragedies. “Cruzito died at just 8 years old because a Clark County School District employee ordered him to go to the bathroom alone while he was choking at school,” their statement reads. “We intend to hold the Clark County School District accountable and will not rest until there is justice for Cruzito.” The family requests privacy during mourning.
The school district declines to comment on pending litigation. Efforts to reach Holve were unsuccessful.
