BASTROP COUNTY, Texas (KXAN) — The parents of a deceased child filed a lawsuit against a concrete company and one of its truck drivers, who collided with a Hays CISD bus their child was on, according to a complaint filed in the Bastrop County District Court.
At the time of reporting, KXAN is aware of at least five other lawsuits against truck driver Jerry Hernandez and his employer, FJM Concrete LLC. KXAN has reached out to the defendants’ attorneys for comment on the lawsuits.
Alfredo Rodriguez and Emily Montoya, parents of 5-year-old Ulises Rodriguez Montoya, said in the lawsuit that the truck driver “owed [them] and all the occupants of the school bus a duty to exercise the degree of care that a reasonably careful person would use to avoid harm to [others].”
The lawsuit alleges Hernandez of at least five acts of “negligent, careless and reckless disregard of duty” by Hernandez: failure to pay attention to the road, driving while fatigued, driving under the influence of illegal drugs, reckless driving, and using a phone while driving.
It also alleges several acts of “direct negligence” by FJM Concrete LLC and its owner, co-defendant Francisco Xavier Martinez, Jr.
“[Martinez’s], FJM Concrete Pumping LLC’s, and F.J.M. Concrete LLC’s negligent conduct was more than momentary thoughtlessness or inadvertence,” the lawsuit reads. “Rather, the acts and/or omissions by Defendants outlined… constitute gross negligence. Defendants’ conduct involved an extreme degree of risk, considering the probability and magnitude of the potential harm to the Plaintiffs. Defendants had actual, subjective awareness of the risk involved but, nevertheless, proceeded in conscious indifference to the rights, safety, or welfare of [others].”
The parents ask the court for over $1 million from the defendants, which would also include the funeral expenses for their child. However, they also ask for a jury trial to decide the final amount.
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