David Yates Oct. 16, 2012, 10:19am

The family of the late Augusta Simon Sr. have brought a wrongful death suit against the Texas Department of Transportation, alleging a slick road clamed the man’s life.

Representing Simon’s estate, Gustave Simon and several other family members filed the suit on Oct. 11 in Jefferson County District Court.

According to the lawsuit, on March 9 Simon was traveling south on state Highway 73 in a 1993 Ford L900 when he lost control of his vehicle and it rolled over. He died in the crash.

“In particular, and based upon information and belief, the condition of the subject roadway’s surface was worn, eroded, poorly maintained, and the road surface was not treated properly resulting in inadequate slip resistance, among others,” the suit states.

The suit further alleges that multiple other similar incidents have occurred on the roadway this year alone.

The plaintiffs allege TxDOT negligently failed to maintain the highway and warn motorists of its hazardous condition.

They are suing for wrongful death damages.

Houston attorney Aaron Pool of Donato, Minx, Brown & Pool represents them.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B193-340

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