His aunt, Esmerelda Resendiz, described little Nicolas Resendiz saying, "He was just a happy little boy. He wasn't shy like his sister. He would go to anybody. He would smile with you and laugh."
The family is having a hard time accepting what happened was real.
"It's still hard for us to process everything. Doing every day, daily things, with him not being here, or seeing one and not the other," Esmerelda Resendiz said.
Eyewitness News obtained on Wednesday a copy of a lawsuit filed by Jennifer and Maria Resendiz, two of the SUV's occupants, against National Ready Mix LLC of Kingwood, which is the company that owns the truck involved in the Aug. 5 crash.
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The two women, who are mother and daughter, are not only seeking damages for current and future medical expenses, but they are seeking compensation for the wrongful death of Nicolas, the child who lost his life.
"Plaintiff Jennifer Resendiz has forever lost her son. She is, therefore, entitled to be compensated for the past and future loss of the companionship, society, love, and affection resulting from the death of Nicolas, and for the mental anguish, grief and sorrow, which she has suffered since his death, and which she will in the future for the rest of her life," the filing reads.
The women, whom the lawsuit states as "seriously injured" from the crash, are seeking over $1 million for Nicolas' death. A monetary amount was not disclosed for the women's injuries.
Houston attorney Terry Bryant is listed as the family's representation.
Eyewitness News has reached out to National Ready Mix and is awaiting comment.
The filing doesn't identify the woman who was behind the wheel of the concrete-mixer truck. A Harris County Sheriff's Office news release in the immediate wake of the crash also states that charges have not been filed.
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ORIGINAL STORY: Child dies when concrete truck goes off E. Beltway overpass and lands on vehicle, sheriff says
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According to deputies, the concrete mixer was heading southbound on the beltway when it began to rain in the area. The truck then lost control on the slick roadway, crashed through a barrier wall, and flew off the overpass and toward the frontage road below.
In a moment of tragic timing, the heavy truck landed on an SUV going through the intersection.
Lt. Simon Cheng, who is with HCSO's Vehicular Crimes Division, said a 54-year-old woman, who was later identified as Maria Resendiz, was in the driver's seat and a 22-year-old, identified as Jennifer Resendiz, was in the front passenger seat. Twenty-two-month-old twin siblings - a boy and a girl - were in the backseat.
The women and the girl were able to escape, but witnesses said the boy was trapped. He died at the scene.
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The 36-year-old concrete truck driver remained at the scene.
The truck driver also showed no signs of intoxication at the time and the vehicle's tires showed no signs of defect, Cheng said.
The Resendiz family will bury Nicolas this weekend. They've set up a GoFundMe to help with funeral expenses.
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