Carol Ostrow Jun. 22, 2015, 8:34am


A Galveston couple filed a lawsuit against a municipal department for its employee’s alleged vehicular negligence in a 2013 highway crash.

Rafael Gutierrez and Alexis Gutierrez filed a complaint against Texas Parks and Wildlife Department of Austin in Galveston County District Court on June 8, claiming liability in a June 2013 accident.

According to the suit, the plaintiffs were driving westbound in the left lane in the 3900 block of Ave. O near its intersection of 39th Street on June 27, 2013. Rafael was driving; Alexis was a passenger.

The suit states that the defendant’s employee, Dale Prochaska, was traveling in the right lane headed in the same direction when he made a left-hand turn directly into the couple’s vehicle.

Rafael and Alexis Gutierrez allege that Prochaska failed to keep a proper lookout, yield the right of way, turn his vehicle to avoid impact, apply brakes in a timely manner, or maintain a safe distance from the couple’s automobile.

Both husband and wife aver pain and suffering along with medical care and expenses. The plaintiffs seek between $100,000 and $200,000 in compensation for damages, pre- and post-judgment interest, attorney’s fees, expenses, and costs. 

They are represented by Byron Boenig of The Boenig Law Firm in Houston.

Galveston County District Court case number 15-CV-0624

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