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SOUTHEAST TEXAS RECORD

Tuesday, November 5, 2024

Plaintiffs Allege Negligence Against Harris County for Fatal Motorcycle Accident

State Court
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A tragic motorcycle accident has led to a lawsuit against Harris County, Texas, as the family of the deceased seeks justice and accountability. On August 22, 2024, Amber Anderson and Eric Anderson Jr., individually and on behalf of the Estate of Eric Anderson Sr., filed a complaint in the District Court of Harris County, Texas, against Harris County. The plaintiffs allege that the county's negligence led to the fatal accident.

The case centers around an incident that occurred on May 14, 2024. Eric Anderson Sr. was driving his motorcycle on Sheldon Road near Crosby Freeway when he encountered a significant road defect—a buckle spanning the length of the road. This defect caused him to be violently thrown from his motorcycle, resulting in severe injuries including a brain bleed, shattered right leg, broken left knee, injured right arm, broken right scapula, road rash, contusions, and a cut above his eye. Despite receiving medical treatment, Anderson succumbed to his injuries on May 31.

The plaintiffs argue that Harris County had possession and control over the roadway where the accident occurred and failed to maintain it properly or provide adequate warnings about its dangerous condition. "Defendant knew—or should have known—of the substantial risk of harm from the special defect around Sheldon Road and Crosby Freeway (Highway 90) yet wantonly chose inaction," states the complaint. The plaintiffs claim that this special defect created an unreasonable risk of harm to ordinary users of the roadway like Eric Anderson Sr.

In their petition, Amber and Eric Jr. assert that Harris County's actions fall under personal injury and wrongful death claims as outlined by the Texas Tort Claims Act (TTCA). They argue that sovereign immunity does not protect Harris County in this instance because their claims involve personal injury or death caused by a special defect or premises defect about which Harris County had actual knowledge but failed to address adequately.

The plaintiffs are seeking various forms of relief from the court. They request compensation for pre-death physical pain and suffering, mental anguish, loss of earning capacity and inheritance, loss of services and support, loss of companionship, emotional distress, and other damages recoverable under Texas law. Additionally, they demand a trial by jury to determine fair compensation for their losses.

Representing Amber Anderson and Eric Anderson Jr., attorney Charles M. Thompson from Thompson Stam PLLC has taken up their cause. The case is being heard in front of Judge Marilyn Burgess at Harris County District Court under Case ID 2024-55709.

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