One of the law firms representing the venue's owners has now been ordered to pay $100,000 after a judge found they ignored court deadlines and withheld evidence.
Long Ha is a lifelong Rockets fan, and his family said he was leaving a game on Jan. 10, 2022, when his life changed forever. They said he was severely injured outside of the arena and became a quadriplegic.
"He was walking and his toe caught on a piece of steel from the substructure, causing him to trip, fall, and hit his head. Severe injury...he's a quadriplegic now. He can no longer care for himself, and his life has been devastated as a result of this incident," co-trial counsel for plaintiffs in this case, Rob Kwok, said.
Attorneys representing the victim say Long Ha was leaving a game at the Toyota Center through the steps on Bell Street and tripped on steel inside a tree well on a sidewalk.
"This is something that he is going to fight with, and his family is carrying that fight as well for the rest of his life," co-trial counsel for plaintiffs in this case, Ryan Loya, said.
Four years later, the traumatic injury has left the victim bedridden, and his life has changed dramatically.
As he and his family learn to live differently now, they're suing for more than a million dollars and want to be compensated for medical expenses, physical and mental pain and suffering, lost wages, among other things.
They accuse the arena's owners of gross negligence and repeated failures to address the steel issue.
The lawsuit names the owners of the Toyota Center, the Houston Sports Authority, Fertitta Entertainment, Clutch City Sports and Entertainment, and Rocket Ball.
"There was testimony about video cameras at the Bell Street exit about security reviewing video footage... and lo and behold, we asked for it, and they say, 'We don't have any,'" Kwok said.
The family's attorneys said sanctions were levied against the Wilson Elser law firm, which represented Fertitta Entertainment, for failure to comply with court orders.
"Sanctions are not often found. Judges typically don't do that, but when conduct arises to the level that is necessary for the court to send a message to the lawyers that sometimes can happen, and that's what happened in this case," Loya said.
Loya said the court ordered the Wilson Elser law firm to pay a little more than $100,000 to Chance A. McMillan and Jaqualine P. McMillan of McMillan Law Firm, and to Russell S. Post and Parth Gejji of Beck Redden, for the work they did for Long Ha in getting the Defendants to comply with Court orders. They added that the case is moving forward and hope to go to trial before the end of the year.
The victim's attorneys say the Wilson Elser law firm no longer represents Fertitta Entertainment, and a new attorney has been hired.
Wilson Elser declined to comment. ABC13 reached out to all the corporations listed as defendants, and none have responded yet.
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