HOUSTON — Managing partner Benny Agosto Jr. and attorney Edward Festeryga of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner announced today that they have reached a confidential settlement on behalf of former Houston Rockets scout Sheffery Brent “BJ” Johnson, his mother, widow, and son against Pulice Construction, a press release states.
The press release states that Johnson was a beloved family man, an admired executive of the Houston Rockets and a globally renowned member of the NBA community. He was killed while riding his bicycle due to a dangerously unfinished and inadequately marked section of the sidewalk.
On the early evening of Oct. 15, 2020, Johnson was enjoying a bicycle ride along Almeda Parkway in Houston. He was wearing his helmet, headlamp, and customary Houston Rockets hat—the team for which he worked since the 1994-1995 championship season. During his ride, Johnson entered a section of the roadway that was under construction. Unknown to him, a section of the sidewalk was unfinished, exposing a 10-foot-long gutter with deep depressions and sharp concrete beams directly in his path, the press release states.
As Johnson rode his bicycle along the sidewalk, unaware and unwarned of the dangerous condition ahead, his front tire entered the unfinished area of the sidewalk, causing him to crash his bicycle and break his neck. Johnson died at the scene. He leaves behind his mother, widow, son, and a grieving global basketball community, the press release states.
The construction was being performed by Pulice Construction, Inc. The lawsuit alleged that the construction company failed to provide reasonable warnings of the dangerous condition, permitted an unreasonably dangerous condition to exist on the premises, and failed to comply with applicable safety standards.
During Abraham Watkins prosecution of this lawsuit, several members of the NBA community came out to speak about Johnson’s impact on the game of basketball and how he affected the lives of those around him. Among the many executives and players were Los Angeles Lakers Head Coach Darvin Ham, Houston Rockets General Manager Raphael Stone, current NBA player Danuel House Jr. and current Houston Rockets player Jae’Sean Tate among others.
“We are very happy with the resolution we achieved for this family and that the Johnson family will be able to move forward," said Benny Agosto, Jr. "The settlement will honor their beloved BJ. The horrible events that led to BJ’s death were tragic and totally preventable. Thankfully, through hard work, including more than 20 depositions in 18 months, we were able to show the construction company’s failures and also tell the story of this wonderful man’s life. Today is a day to celebrate the life of a community hero and the closure for this family.”
Abraham Watkins managing partner Benny Agosto will continue to hold this construction company accountable in another wrongful death lawsuit that the firm has pending against Pulice Construction, Inc. for the same project, the press release states.
“Pulice construction should have learned from their behavior, but unfortunately, they have not. Our firm will continue to investigate and prosecute the case against this defendant, in order to bring justice to the families affected,” said attorney Benny Agosto Jr.