$1 million lawsuit filed after cement truck falls on SUV, kills 22-month-old boy

HOUSTON – The family of a toddler who died after a cement truck fell off of a bridge and landed on a vehicle has filed a lawsuit against the cement truck company.

Paperwork filed on Aug. 8 shows the Resendiz family’s lawsuit against National Ready Mix, LLC. The plaintiffs are listed as Jennifer and Maria Resendiz, the 22-month-old victim Nicolas Resendiz’s mother and grandmother. The lawsuit cites negligence against the cement truck company and the family is seeking more than $1 million in damages for injuries sustained and medical treatment, as well as wrongful death damages.

The lawsuit states Jennifer Resendiz is entitled to be compensated for the past and future loss of the companionship, society, love, and affection resulting from the death of Nicolas and for the mental anguish, grief, and sorrow that she has suffered since his death and in the future for the rest of her life.

As KPRC 2 reported, the Harris County Sheriff’s Office’s Vehicle Crimes Division is investigating the horrific tragedy.

The accident happened on Aug. 5 at the intersection of Frontage Road near Woodforest Boulevard headed southbound off East Beltway 8.

Deputies said the driver of the truck lost control while driving in the rain and fell off over the overpass. Investigators said they do not believe the driver was intoxicated or impaired. No charges have been filed.

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