Boy Scouts named in expanded lawsuit over fatal monument collapse at Rooks Park in Walla Walla
By Dan Thesman on Monday, September 21st, 2026 in Columbia Basin News Columbia Basin Top Stories
WALLA WALLA — The family of a 3-year-old boy killed by a falling park monument has expanded its lawsuit, now including the Boy Scouts of America, Blue Mountain Council, and Troop 393.
The amended complaint filed Sept. 2 in Walla Walla County Superior Court adds the scouting organizations alongside original defendants Boulder Designs, Boulder Designs Franchising LLC, Border Magic, Builders FirstSource Inc., American Rock Products, Neil Binder and the Binder martial community, and Double T Construction Ltd.
The lawsuit stems from the April 1 death of Kaleb Ortega, who was fatally crushed at Rooks Park by a 500-to-600-pound stone monument erected as part of a 2019 Eagle Scout project.
Kaleb’s parents, Miguel Ortega and Claudia Garcia, alleged the defendants failed to safely anchor the heavy structure. According to court documents, the monument rested on a concrete base and was secured with only a small amount of adhesive or epoxy rather than structural anchor bolts or rebar.
The complaint outlines multiple causes of action, including product liability and negligence. The second cause of action asserts negligence, alleging the Boy Scout entities failed to properly oversee and enforce safety standards for the Eagle Scout project. The third cause of action details parental claims under state law for the loss of a minor child, seeking damages for mental anguish and destruction of the parent-child relationship. Kaleb’s mother, a hospital nurse, was on duty when her son arrived via ambulance and witnessed ongoing emergency resuscitation efforts.
The fourth and fifth causes of action allege bystander emotional distress for Kaleb’s father, Miguel, and his 5-year-old sister, Kamila, who both witnessed the fatal collapse.
Following the incident, the U.S. Army Corps of Engineers temporarily closed the facility, and reconfigured the monument as seen below.
MyCB photo of the current USS Houston and Capt. Albert H. Brooks display
The plaintiffs demand a jury trial and seek unspecified damages. The case will be back in Walla Walla County Court on Oct. 27.
Top photo:The USS Houston and Capt. Albert H. Brooks display upon completion in 2019. Courtesy of U.S. Army Corps of Engineers, Walla Walla District
