A heartbreaking lawsuit in Nevada has raised serious questions about school safety and emergency response procedures after an 8-year-old boy died following a choking incident during lunch at school.
The child’s family claims that school staff failed to provide immediate help and instead sent the boy away from the cafeteria while he was clearly struggling to breathe. The tragic event has led to a legal battle, with the family seeking accountability and changes to prevent similar incidents in the future.
Nevada Mother Files Lawsuit After Son Dies in School Choking Incident
A Nevada mother has filed a lawsuit against her son’s school district after her 8-year-old child died following a choking incident at school.
According to the complaint, the incident happened on February 25, 2025, when the boy, Cruzito Tank Ruiz, was eating lunch at school. While eating a piece of pineapple, the fruit reportedly became stuck in his airway, making it difficult for him to breathe.
The lawsuit states that Cruzito showed clear signs that he was choking and needed help.
Instead of receiving immediate assistance, the lawsuit claims the child was sent away from the cafeteria to the boys’ restroom, where he collapsed.
Child Allegedly Asked for Help in Cafeteria
According to the legal filing, Cruzito approached a school employee while choking.
The lawsuit says the child:
- Gestured toward his mouth to show he was choking
- Displayed obvious signs of distress
- Tried to communicate that he needed help
Another student also reportedly told the same staff member that Cruzito was sick.
Despite these signs, the lawsuit claims no immediate emergency action was taken.
The filing argues that staff should have quickly performed life-saving techniques such as the Heimlich maneuver or called for medical help.
Employee Allegedly Sent Child to Bathroom Alone
Instead of helping the boy directly, the lawsuit claims the school employee told Cruzito to leave the crowded cafeteria and go to the boys’ restroom.
According to the complaint, this decision placed the child in even greater danger.
The lawsuit states that:
- The employee did not call for the school nurse.
- No emergency call was made immediately.
- Other staff members were not alerted.
- The child was sent alone to an isolated area.
The filing claims that sending a choking child away from adult supervision removed access to trained staff, CPR assistance, and emergency equipment.
Child Collapsed in Restroom
According to the lawsuit, several minutes passed before anyone checked on Cruzito.
About five minutes after sending him away, the employee reportedly directed other staff members to the restroom.
By that time, the child had already collapsed.
The lawsuit states that Cruzito:
- Turned blue due to lack of oxygen
- Experienced severe distress and panic
- Lost consciousness while alone in the bathroom
Other students reportedly discovered him and alerted school staff.
Emergency Services Called Too Late
After students reported the situation, school staff finally contacted emergency services.
First responders arrived and attempted life-saving treatment.
The child was transported to the hospital, but his condition had already become critical.
Doctors later determined that Cruzito suffered an anoxic brain injury caused by cardiac arrest due to airway obstruction.
He died on March 2, 2025.
Conflicting Statements From School Employee
The lawsuit also points out that the school employee involved gave two different written statements about what happened.
In the first statement, the employee said she did not remember sending the boys to the restroom and claimed she did not notice any signs of distress.
In a later statement, the employee said Cruzito appeared unwell and had his cheeks puffed out. She claimed she told him to go to the trash can rather than the bathroom and suggested someone could take him to the school nurse if needed.
However, the lawsuit claims that other evidence does not support this version of events.
According to the filing:
- Surveillance footage allegedly shows the boy choking in the cafeteria.
- Students reported seeing him vomit at the table.
- The employee was seen cleaning the area after sending him away.
- Witnesses say the direction given to the child led toward the restroom.
Family Claims School Failed to Protect Child
Cruzito’s mother, Amanda Corbala, filed the lawsuit along with court-appointed representatives for her son’s estate.
The complaint argues that the school district created a dangerous situation by isolating a choking child from adult supervision and medical help.
The lawsuit claims the staff acted with “deliberate indifference” to a life-threatening emergency.
According to the filing, choking emergencies are well known risks, and proper training should have helped staff recognize the situation and respond immediately.
Mother Witnessed Son Being Taken Away
The lawsuit also describes the emotional moment when Cruzito’s mother saw her son being taken out on a stretcher.
Paramedics were performing CPR while transporting him, and the filing says his mother began screaming in terror as she watched the scene unfold.
The family says the loss of Cruzito has devastated them.
Family Seeks Justice and Accountability
The lawsuit includes seven different legal claims against the school district and seeks financial damages.
Cruzito’s family says their goal is not only to seek justice for their son but also to prevent similar tragedies from happening to other children.
Their attorneys said the family hopes the case will lead to improved safety policies and better training for school staff when dealing with emergencies such as choking incidents.
