CJ-2026-1858 - Sally Arciga v. Sergio Escobar Chavarria

What's This Case About?

Let’s get one thing straight: nobody expects to die because a construction worker fell asleep behind the wheel of a company truck and plowed into a stopped vehicle on the side of the highway. But that’s exactly what Sally Arciga says happened to her husband, Richard — not in some foggy, speculative “maybe” kind of way, but in a crash so preventable it makes your blood boil. And now, she’s suing the driver and his construction company for $75,000, demanding answers, accountability, and yes — a jury trial, because apparently, this tragedy has drama written all over it.

So who are we even talking about here? On one side, you’ve got Sally Arciga, stepping into the legal arena not as a grieving widow, but as the Special Administrator of the Estate of Richard Arciga — a title that sounds like it belongs in a law firm thriller, but in real life just means she’s the one holding the bag after her husband died in a crash. On the other side? Sergio Escobar Chavarria, an employee of Genesis Building and Construction, LLC — a modest Oklahoma-based construction outfit that, according to the lawsuit, may have handed the keys to a company vehicle to someone who had no business being on the road that day. The relationship between these parties is simple: strangers, until fate — and bad driving — turned them into plaintiff and defendant.

Now, let’s rewind to May 30, 2025 — a day that started like any other on I-44 eastbound near Bristow, Oklahoma. Richard Arciga was riding as a passenger in a vehicle operated by Sergio Escobar. That much we know. What happened next reads like a checklist of everything that can go wrong when someone stops paying attention. According to the petition, Escobar failed to notice a truck and trailer that was stopped on the shoulder of the road — not speeding, not swerving, just… sitting there, minding its own business. And instead of slowing down, changing lanes, or, you know, not driving into it, Escobar allegedly slammed right into the back of it. The impact was catastrophic. Richard Arciga didn’t survive.

Now, if this were just a tragic accident — a momentary lapse, a split-second error — it might end there. But the lawsuit insists this wasn’t just bad luck. It was negligence, and not just from the driver, but from his employer, Genesis Building and Construction. The legal claims laid out here are like a greatest hits of corporate liability: first, negligence — the old classic — meaning Escobar wasn’t paying attention, ignored warning signs (whatever those were), and caused a fatal crash. But then it gets juicier: negligent entrustment, which sounds like a Shakespearean insult but actually means the company knew or should have known their employee wasn’t fit to drive and gave him the keys anyway. Ouch. Then comes negligent hiring, training, screening, and supervision — a mouthful, sure, but essentially accusing the company of being sloppy from day one: Did they check Escobar’s driving record? Did they train him? Did they make sure the vehicle was safe? According to Sally Arciga’s team, the answer to all of the above is a hard no. And finally, the big one: wrongful death, which in Oklahoma law allows surviving family members to sue when someone dies because of another’s negligence. It’s not about punishing the deceased — it’s about holding the living accountable.

So what does Sally want? $75,000 — not a million-dollar payout, not a viral GoFundMe number, but a figure that, in the context of a wrongful death, feels almost modest. Let’s break it down: under Oklahoma law, wrongful death damages can include medical bills (if the victim survived long enough to rack up some), funeral costs, loss of companionship, mental anguish, and the financial support the family would’ve received if Richard were still alive. $75,000 isn’t chump change, but for a life cut short? For a husband gone? For a family now grieving? It’s less about the money and more about the message: This should not have happened. And let’s be real — if the company had proper policies, if the driver had been properly vetted, if the vehicle had been maintained, maybe Richard would still be here. So yes, they want money, but they also want justice. Or at least a jury to say, “Yeah, this was messed up.”

And now, our take — because we’re not lawyers, we’re storytellers with opinions. The most absurd part of this case isn’t the crash itself — tragic, yes, but sadly common. It’s the laundry list of safety rules the lawsuit casually drops in like they’re reading from a driver’s ed textbook. “Drivers must not operate vehicles under the influence.” “Drivers must have working rear lights.” “Businesses must not entrust vehicles to reckless drivers.” These aren’t obscure regulations — they’re the bare minimum of not-killing-people-101. And yet, here we are, in 2025, reading a court filing that has to remind a construction company that, yes, you should probably make sure your employees aren’t driving like maniacs. The fact that these rules even need to be stated in a legal document is both hilarious and horrifying. Are we really at the point where we have to sue someone for failing to follow “don’t crash into stopped trucks”? Apparently, yes.

We’re rooting for Sally — not because we know every detail of the crash, not because we’ve seen the dashcam footage (we haven’t), but because this case reeks of corporate corner-cutting. If Genesis Building and Construction didn’t train their drivers, didn’t check their records, didn’t maintain their vehicles — and someone died because of it — then they deserve to be in court. And if a jury hears this and says, “You know what? $75,000 is the least they owe,” then good. Sometimes the petty civil disputes aren’t about money. Sometimes they’re about making sure the next guy doesn’t get handed a truck and a death sentence disguised as a paycheck.

Case Overview

$75,000 Demand Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Andrew Davis

Law Offices of Daniel M. Davis

Relief Sought

$75,000 Monetary

Plaintiffs

Sally Arciga government
Rep: Andrew Davis

Defendants

Sergio Escobar Chavarria individual
Genesis Building and Construction, LLC business

Claims

#	Cause of Action	Description
1	Negligence/Negligence Per Se
2	Negligent Entrustment
3	Negligent Hiring, Training, Screening & Supervision
4	Wrongful Death

Petition Text

1,118 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA SALLY ARCIGA, as Special Administrator of the Estate of RICHARD ARCIGA, Deceased. ) Plaintiff, ) v. ) SERGIO ESCOBAR CHAVARRIA, and GENESIS BUILDING AND CONSTRUCTION, LLC, ) Defendants. PETITION COMES NOW the Plaintiff, Sally Arciga, as Special Administrator for the Estate of Richard Arciga, for their cause of action against the Defendant, Sergio A Escobar Chavarria, alleges and states as follows: 1. Defendant Sergio Escobar Chavarria is an employee of Genesis Building and Construction, LLC, and a resident of Oklahoma County, State of Oklahoma. 2. Defendant Genesis Building and Construction, LLC is an Oklahoma domestic limited liability company, with its principal place of business in Oklahoma. 3. That this Court has jurisdiction of the parties hereto and venue is proper in Oklahoma County. OBJECT AND NATURE OF ACTION 4. This is an action by Plaintiff to pursue a wrongful death claim on behalf of Richard Arciga, Decedent, for the negligence of Defendant Genesis Building and Construction, LLC and its employee Defendant Escobar. Such conduct resulted in a vehicle driven by Defendant’s employee, Sergio Escobar Chavarria, to collide catastrophically with a truck and trailer, fatally injuring Decedent Arciga who was a passenger in the vehicle. FACTUAL BACKGROUND 5. On or about 05/30/2025, Plaintiff Richard Arciga was a passenger in their vehicle on I-44 Eastbound at 169 feet East of OK-16 in the City of Bristow, Oklahoma. 4 6. Defendant Sergio Escobar, was operating the vehicle in which Arciga was a passenger. 7. Defendant Sergio Escobar failed to pay proper attention to the road and disregard warning signals which caused their vehicle to make impact the rear of a truck and trailer that was stopped on the shoulder of the road. 8. As a direct result of Defendant’s unlawful and negligent conduct, Plaintiff sustained fatal injuries and medical expenses. SAFETY RULES THAT MUST BE FOLLOWED 9. Drivers of commercial motor vehicles must always be aware of what is happening on the roads around them, to protect everyone on and near the road from serious injuries or death. 10. Drivers of commercial motor vehicles must always have proper working rear lights and reflective tape on their vehicles to avoid creating a hazard to protect everyone on and near the roads from serious injuries or death. 11. Drivers must not operate motor vehicles under the influence of alcohol or drugs, to protect everyone on and near the road from serious injuries or death. 12. Drivers must not operate motor vehicles recklessly and carelessly to protect everyone on and near the road from serious injuries or death. 13. Drivers must systematically inspect, maintain and repair their commercial vehicles, to protect everyone on and near the road from serious injuries or death. 14. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Title 47 § 10-104. 15. Businesses must properly hire, train, and supervise individuals driving their vehicles, to protect everyone on and near the road from serious injuries or death. 16. Businesses must systematically inspect, maintain and repair their commercial vehicles, to protect everyone on and near the road from serious injuries or death. 17. Businesses motor vehicles must always be in safe and proper condition at all times, to protect everyone on and near the road from serious injuries or death. 18. Businesses must not entrust their vehicles to negligent, careless, and reckless drivers to protect everyone on and near the road from serious injuries or death. FIRST CAUSE OF ACTION: NEGLIGENCE/NEGLIGENCE PER SE 19. Defendant’s employee, Sergio Escobar Chavarria, was operating their vehicle and violated the above-referenced safety rules and was negligent in their driving on the date in question. 20. That pursuant to the doctrine of respondeat superior, Defendant Genesis Building and Construction, LLC is strictly liable for the negligence of its employee, Sergio Escobar Chavarria. 21. Defendant Genesis Building and Construction, LLC and the driver employed by Defendant were also negligent per se given the violation of state and federal statutes, ordinances, and regulations. SECOND CAUSE OF ACTION – NEGLIGENT ENTRUSTMENT 22. At the time of the collision, the company vehicle owned by Genesis Building and Construction, LLC, was being driven by their employee, Sergio Escobar Chavarria. 23. Prior to the collision, Defendant Genesis Building and Construction, LLC gave that employee permission to drive said company vehicle. 24. At the time of the collision, Defendant Sergio Escobar Chavarria was driving the company vehicle while in the course and scope of their employment with Defendant Genesis Building and Construction, LLC. 25. Defendant Genesis Building and Construction, LLC had the right, ability, and obligation to permit or prohibit the use of the company vehicle driven by their employee on public roadways. 26. Defendant Genesis Building and Construction, LLC had a duty to ensure that employee was a safe and prudent driver before allowing him to drive their vehicle on public roadways. 27. Defendant Genesis Building and Construction, LLC was negligent in allowing their employee to drive the subject vehicle on public roadways in an unlawful manner. 28. Defendant Genesis Building and Construction, LLC’s negligent entrustment of their vehicle to their employee inflicted serious injuries upon Plaintiff resulting in their death. THIRD CAUSE OF ACTION – NEGLIGENT HIRING, TRAINING, SCREENING & SUPERVISION 29. Defendant Genesis Building and Construction, LLC was negligent in its hiring, training, screening and/or supervision of their employee, Sergio Escobar Chavarria. FOURTH CAUSE OF ACTION: WRONGFUL DEATH 30. Defendant Sergio Escobar Chavarria, and his employer Defendant Genesis Building and Construction, LLC wrongfully caused the death of Decedent. As a result, the Estate of Richard Arciga and their heirs are entitled to damages per Title 12, Okla. Stat. Ann. § 1053 (A) and (B). DAMAGES 31. Pursuant to Title 12, Okla. Stat. Ann. § 1053 (B), the damages recoverable in actions for wrongful death are: Medical and burial expenses, the loss of consortium of decedent’s spouse, the mental pain and anguish suffered by the decedent, the pecuniary loss to the spouse and survivors based on the age, occupation, earning capacity, health habits, and probable duration of the decedent’s life, and the grief and loss of companionship of the children and spouse of the decedent. Such damages shall be allocated as further described in § 1053 B. WHEREFORE, Plaintiff prays for judgement against the Defendants for the acts and omissions referenced above in excess of $75,000.00, together with interest and costs in this action which are deemed appropriate. Respectfully submitted, ANDREW DAVIS Andrew Davis, OBA #34574 James Thompson, OBA #36276 Avishan Saroukhani, OBA #36779 Law Offices of Daniel M. Davis 300 N. Walnut Ave Oklahoma City, Oklahoma 73104 Telephone: (405) 602-6321 Facsimile: (405) 235-4954 [email protected] ATTORNEY FOR PLAINTIFF JURY TRIAL DEMANDED ATTORNEY LIEN CLAIMED