Keishawn Cowart has filed a negligence complaint against Hector Aguillon and Lvl Up Towing, LLC. The complaint was filed in the District Court of Harris County, Texas on May 16, 2024. Cowart alleges that Aguillon and Lvl Up Towing are responsible for injuries sustained during an incident involving the wrongful towing of her vehicle.
According to the filing, on March 9, 2023, Cowart's vehicle was lawfully parked with a valid parking permit at her apartment complex located at 19221 Beechnut Street, Richmond, Texas. Despite this, Defendant Hector Aguillon began towing her vehicle. When Cowart informed Aguillon about the visible parking permit, he allegedly ignored her and proceeded with the tow. During this process, Aguillon reportedly ran over and dragged Cowart with his tow truck, causing serious injuries.
The plaintiff asserts that Aguillon's actions were negligent in several ways: failing to control the vehicle’s speed, failing to keep a proper lookout, failing to timely apply brakes, and conducting an unlawful tow despite the visible permit. These actions are claimed to constitute negligence per se under TEX. TRANS. CODE § 545.401.
Cowart also holds Lvl Up Towing accountable for negligent entrustment and vicarious liability. The company is accused of allowing an unlicensed or incompetent driver to operate their vehicle without proper training or supervision. The lawsuit claims that Lvl Up Towing knew or should have known about Aguillon’s incompetence but failed to take necessary precautions.
The plaintiff seeks monetary relief between $250,000 and $1 million for medical expenses (past and future), physical pain and suffering (past and future), mental anguish (past and future), disability and impairment (past and future), physical disfigurement (past and future), loss of earnings capacity (past and future). Additionally, Cowart accuses both defendants of gross negligence due to their extreme disregard for safety.
Representing Keishawn Cowart are attorneys Brant J. Stogner, Jennifer O. Stogner, and Taylor Pace from Abraham Watkins Nichols Agosto Aziz & Stogner law firm. The case is being overseen by Judge Bernitta Barett under Case ID 2024-31372 in Harris County District Court.