Family of 5-year-old killed in suspected drunken driving crash files $1M wrongful death lawsuit

A photo of the boy killed in the suspected drunken driving crash on Sunday (photo from the lawsuit documents) and a photo from the scene of the crash.
A photo of the boy killed in the suspected drunken driving crash on Sunday (photo from the lawsuit documents) and a photo from the scene of the crash. (Copyright 2021 by KPRC Click2Houston - All rights reserved.)

HOUSTON – Houston attorneys have filed a wrongful death lawsuit in the death of a 5-year-old child who died following a suspected drunken-driving crash on Sunday.

The lawfirm announced the lawsuit against Sebastian Matta on Thursday. The suit is filed on behalf of the parents of the deceased child, Luis Posadas and Anggy Flores.

Sebastian Matta, 26 (KPRC 2)

The lawsuit seeks over $1,000,000 damages for the death of their son, as well as for the injuries sustained by Posadas who was hurt “as well as a bystander who witnessed his son’s...death,” according to the suit.

Read the lawsuit here.

The crash happened Sunday in Houston at approximately 2:30 a.m. in the 5900 block of Southwest Freeway, authorities said.

Police said a silver BMW and a maroon Nissan collided at the intersection of the Southwest Freeway service road and Fountain View Drive. The impact caused the Nissan to roll over. Investigators said they suspect the driver of the BMW, 26-year-old Matta, ran a red light at the intersection and struck the Nissan, said Chuck Cornelius, an investigator with the Harris County District Attorney’s Office Vehicular Crimes Division.

Posadas and his young son, described by police as 5 years old, were the occupants in the Nissan. The child was severely injured in the crash and was transported to an area hospital where he was later pronounced dead, police said.

Cornelius said a group of citizens who witnessed the crash and stopped to assist detained the BMW driver, who had attempted to flee the scene on foot.

Police said Matta sustained some injuries in the crash and was also transported to an area hospital.

Investigators said Matta showed “obvious signs of intoxication” at the scene and will be charged with intoxication manslaughter. He may also be charged with intoxication assault and failure to stop and render aid.


About the Author:

Amanda Cochran is an Edward R. Murrow award-winning journalist. She specializes in Texas features, social media news and local crime.