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SOUTHEAST TEXAS RECORD

Saturday, May 4, 2024

Family of Houston cyclist killed by dump truck files wrongful death suit

Lawsuits
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HOUSTON — The family of the late Breana Powell has filed a wrongful death suit against Republic Waste Services and are seeking more than $1 million in damages.

Abraham, Watkins, Nichols, Agosto, Aziz & Stogner partner, Mo Aziz, and attorneys, Karl Long and Jessie Ormand, together with Derrell Wright of the Law Office of Derrell L. Wright, filed a wrongful death lawsuit on behalf of Diane Francis, individually and as representatives of the estate of Breana Powell. The lawsuit names Republic Waste Services of Texas, LTD, RWS Texas Leasing, Company, LLC, BFI Waste Services of Texas, LP., Republic Services, Inc., Republic Waste Services of Texas GP, Inc., and Jonathan David Woods, as defendants.

According to a press release, on Oct. 8, 2022, Breana Powell was riding her bicycle on the sidewalk, while headed home from work. As she crossed the intersection of Broadway and Morley in Houston, Powell was struck and killed by a garbage truck, which turned right while Breana Powell was crossing the intersection. 

The driver allegedly failed to observe Powell, who was wearing a reflective safety vest, before striking her with the approximately 50,000-pound garbage truck, the press release states.

“This young woman was the victim of yet another cycling accident in Houston, which is far too common," said attorney Mo Aziz. "Witnesses state that the garbage truck made an unsafe turn without a turn signal and proceeded to drive away even after the impact. Our investigation has revealed that different portions of the collision were captured on at least four surveillance cameras; HPD has possession of the video footage and we have requested a copy.” 

The lawsuit alleges negligence, negligent hiring, negligent entrustment, gross negligence, and wrongful death against the driver and all mentioned organizations. 

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