Lawsuit claims woman’s death in private ambulance due to driver crashing into MetroRail Train

"My mom was a loving wife mother and grandmother," said Adrianna Rodriguez.

As she talked about her 66-year-old mother, Josefina Rodriguez, was constantly trying to hold back tears or wipe them away.

"We can never bring her back," she said.

Josefina Rodriguez’s family has filed a wrongful death lawsuit against Orion EMS Ambulance Services and one of its EMS drivers.

It stems from an accident that happened on November 25, 2019.

"We felt Orion would be the right ambulance company based upon their track record to get her back safely," said the family’s attorney Randy Sorrels. "But it didn’t happen in this instance."

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Orion Ambulance Service was taking Rodriguez home from Houston Methodist Hospital.

"She was a transplant recipient and she was actually being brought home from the hospital still very fragile," said Sorrels.

The accident was captured on surveillance video. You can see the Orion Ambulance driver cross over two lanes, make an improper left turn, and T-bone a MetroRail Train.

"It was just three blocks away from the hospital that the accident occurred," said attorney Jessica Rodriguez-Wahlquist. "This wasn’t new territory for the ambulance driver. It’s not new ground for any ambulance driver, they are very familiar with the area."

"When they got there, they’re like ask her if she’s ok. I was like, why, and he’s like, we had an accident," Rodriguez said. "For me, it was a shock. I didn’t even know they had an accident."

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After a few days passed and Josefina’s condition got worse, she was taken to the hospital.

"She was in ICU for a number of months until she succumbed to the injuries from the accident and passed away," Sorrels said.