The lawsuit accuses the staff at "Thirteen" of over-serving Christian Herrera back on Nov. 11, 2023, according to our partners at the Houston Chronicle.
Houston police say Herrera ran a red light at Fannin Street and Pierce Street, t-boning another car and killing Hayden and six other people, including a man who was walking nearby.
It happened just a few blocks away from Thirteen, which is owned by former Houston Rockets point guard, James Harden.
As of Monday, the restaurant had not yet responded to the lawsuit.
Among the victims, Hayden, Ralph Oragwu, and Zachary McMillian were all former University of Houston football players.
READ MORE: Family of woman killed in crash sues restaurant owned by former Rockets star James Harden
Family of woman killed in crash sues restaurant owned by former Rockets star James Harden
The family of one of the victims, Taylar Jackson, first filed the lawsuit earlier this month.
Jackson died several months after the accident due to her injuries. On Dec. 9, her mother filed the lawsuit, alleging that Herrera was overserved at Thirteen shortly before the crash. A portion of the lawsuit lays out why Jackson's family filed suit.
Christian Daniel Herrera ordered and was served alcohol beyond the point of intoxication, which resulted in a blood alcohol concentration of 0.139, the suit alleges.
At some point in the night, Christian Daniel Herrera was served alcohol in excess at Thirteen by James Harden. He was served past the point where he was obviously intoxicated to the extent that he presented a clear danger to himself and others, according to the suit.
The lawsuit goes on to allege that restaurant staff failed to track and record the number of drinks served to a particular patron, among other issues.
Jackson's lawyer told ABC13 they did not want to speak about the crash on camera, and instead will let the case play out in court. James Harden's company did issue the following statement:
"We cannot imagine what the family of Taylar Jackson has gone through this past year and offer our deepest sympathies to them and everyone whose lives were deeply impacted by that tragic accident. We were just made aware of the filing of this lawsuit. We ask for your patience as we gather more information on this filing and will make a more formal statement as soon as possible."
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