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Husband and wife claim injuries in broadside collision, sue Texas Wildlife Department

SOUTHEAST TEXAS RECORD

Monday, December 23, 2024

Husband and wife claim injuries in broadside collision, sue Texas Wildlife Department

Galveston county courthouse

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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