ASHEVILLE – An Asheville father has filed a lawsuit against Mission Hospital and one of its employees after the employee allegedly hit and killed his son on Swannanoa River Road while driving a company vehicle.
Michael Rozos, father of Alexander Rozos, filed the lawsuit on December 18 in Buncombe County Superior Court against the driver, Mauricio Roberto Melgar Delgado, HCA Healthcare, Mission Hospital and its parent companies.
An Asheville Police Department investigation revealed that Alexander Rozos was riding a bicycle westbound along Swannanoa River Road at approximately 11:42 am on July 18, 2024, while a driver identified as Delgado, 48, was riding a white box truck in the same direction behind him. After both Rozos and Delgado passed through the intersection of South Tunnel Road, Delgado overtook Rozos, fatally striking him and running him over, an APD incident report confirms.
The lawsuit reveals that at the time of the crash, Delgado was driving a 2019 Kenworth truck — owned by HCA — “in the course and scope of his employment” with Mission Hospital. Rozos’ attorney, Thomas Killoren Jr., described the vehicle as “a large 20,000-pound delivery vehicle.”
Delgado drove the truck before officers arrived, and Alexander Rozos died at the scene of the crash, the Citizen Times previously reported.
Alexander Rozos
Rozos was a Haw Creek resident, cyclist and athlete who had been recruited by the military on a fast track to the US Army Special Forces, his father previously told the Citizen Times. An avid climber, Rozos was riding to a climbing gym when he was hit, Michael Rozos said.
“He was riding his bike to work and he was hit and killed for absolutely no reason. Where do you begin to describe the loss these parents have experienced? It’s just devastating and it has to stop,” Killoren Jr. said. to the Citizen Times on December 19.
The suit claims negligence and wrongful death by Delgado, along with vicarious liability and negligent hiring and supervision by Mission Hospital and HCA. The lawsuit cited a legal doctrine called respondeat superior, which holds an employer legally responsible for an employee’s wrongful acts.
“The HCA Defendants are vicariously liable for the negligent, careless and reckless acts and omissions of their employee/agent,” the suit said.
The HCA defendants were negligent in hiring and supervision by either failing to have policies in place to train and monitor their drivers or failing to enforce them, the suit claims. The lawsuit also alleges that the company failed to have or enforce driver compliance with motor vehicle laws and failed to have or implement an adequate safety program for the “safety and protection of the driving public.”
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Alexander Rozos rock climbing with his father Michael Rozos at Rumbling Bald near Lake Lure.
The suit continues by claiming that HCA and Mission Hospital failed to properly investigate Delgado’s driving record and ensure that he had the proper training, credentials and skills to drive a company vehicle. HCA and Mission Hospital “knew or should have known” Delgado was unable to drive a vehicle safely and effectively, the suit claims.
By his actions, the suit claims that Delgado was “negligent, careless, and reckless” by violating the state law on the distance of a safe path from a cyclist, following too closely and reducing the speed of a vehicle to avoid a collision. The suit says Delgado failed to follow the standard of care for professional drivers, as detailed in the North Carolina Commercial Driver’s Handbook.
The suit is seeking a jury and damages to cover hospital bills, funeral expenses and compensation for pain and suffering.
Mission Hospital spokeswoman Nancy Lindell did not respond to Citizen Times questions sent Dec. 19, including whether Delgado is still employed by Mission and what guidelines the hospital and HCA have in place for hiring and training drivers.
Delgado was indicted in Buncombe County Superior Court on November 4, 2024, on a felony charge of hit and run causing serious injury or death. The Citizen Times tried to reach Delgado.
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Ryley Ober is the Public Safety Reporter for the Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober
This article originally appeared on the Asheville Citizen Times: Mission Hospital sued after Asheville bicyclist’s hit-and-run death