Krystal Hart Rhodes has filed a lawsuit in Harris County, Texas, accusing Elvia Lopez Chilel of negligence leading to the tragic death of her husband. The complaint was filed on December 5, 2024, by Krystal Hart Rhodes against Elvia Lopez Chilel.
The case revolves around a devastating incident that occurred on September 13, 2024. Theodore Rhodes III, the plaintiff's husband, was commuting to work when he was fatally struck by a vehicle driven by the defendant. According to the lawsuit, Theodore was crossing a parking lot after disembarking from his first bus and heading towards another bus stop when Elvia Lopez Chilel allegedly drove through the parking lot at high speed to avoid traffic on Interstate 10. The complaint asserts that Chilel failed to yield the right of way and struck Theodore with her Dodge RAM 1500 truck, resulting in his death shortly thereafter at Memorial Hermann Hospital.
Krystal Hart Rhodes claims that the defendant breached both common law and statutory duties by failing to exercise ordinary care while operating her vehicle. The lawsuit lists several alleged negligent actions by Chilel: not yielding to a pedestrian, failing to control her speed or keep a proper lookout, disregarding a stop sign, and entering an intersection without ensuring it was clear of pedestrians or traffic. Furthermore, the plaintiff argues that these actions violated Texas Transportation Code §545.23(a), which prohibits driving across parking lots to avoid traffic signals.
The complaint also accuses Chilel of gross negligence for demonstrating reckless disregard for public safety. It contends that her actions involved an extreme risk of harm and were conducted with conscious indifference towards others' rights and safety. As such, Krystal Hart Rhodes seeks exemplary damages under Tex. Civ. Prac. & Rem. Code §41.001(11) for what she describes as "malice" and "gross negligence."
In terms of relief sought from the court, Krystal Hart Rhodes is requesting damages exceeding $1 million for various losses incurred due to her husband's untimely death. These include compensation for Theodore's conscious pain and suffering before his passing, funeral expenses, loss of companionship and support from her spouse, as well as punitive damages aimed at punishing the defendant's alleged gross negligence.
Representing Krystal Hart Rhodes is attorney Meredith M. Waltman from The Lanier Law Firm P.C., based in Houston, Texas. The case is being heard in the 165th District Court under Judge Christopher Matthews with Case ID 2024-85046.