A former city commissioner and long-time Community Emergency Response Team (CERT) volunteer has been awarded $500,000 by a jury—seven years after he says a golf cart accident during a parade left him with lasting physical and emotional trauma.
But, he will only receive $250,000.
John Branch says the incident happened during the Booker T. Washington High School Anniversary Parade in October 2018.
According to court documents, former Houston City Council Member Michael Kubosh was seated in a golf just two feet ahead of Branch. When the driver stepped out, Kubosh allegedly crashed the cart into Branch’s leg.
Jury sides with injured volunteer
Initially, Branch was seeking $200,000 in damages to cover medical bills, but after reviewing the evidence and hearing testimony, all 12 members of the jury awarded him $500,000 for pain, past impairment, and mental anguish.
Branch said the impact of the crash aggravated his existing disability—he already had a prosthetic leg—and led to further medical complications. “They told me the only way to fix it was to take out the total prosthetic, go deeper into the bones, and replace the whole prosthetic,” he told reporters.
Adding insult to injury, Branch recalled a moment when Kubosh allegedly mocked him after the incident. “He held up a screw in his hand and said, ‘Hey, I found the screw that’s part of your leg.” Branch says this exchange caused emotional pain. “It was like he was taking advantage of and mocking a handicapped person.”
Photo, testimony played key role in verdict
A photo discussed in court shows Kubosh and then-Fire Chief Sam Pena holding that screw. The jury was made aware of this image, as well as Branch’s extended recovery and impact on his personal and volunteer life.
“I prayed many days that I would see this case resolved,” said Branch. “It stopped me from my family life. It stopped me from the volunteerism that I love to do. And, the recovery was very painful.”
Legal roadblocks and city’s defense
Branch’s attorney, Katie James, said the case took seven years to resolve largely due to legal complexity and the city’s resistance. Under the Texas Tort Claims Act, plaintiffs can sue government officials for incidents involving the use of a motor vehicle.
However, the City of Houston argued that because Kubosh accidentally hit the gas while shifting in his seat—not while intentionally driving—the incident didn’t qualify under that statute.
Although the jury awarded Branch $500,000, due to the state’s statutory cap on damages against municipalities, he will receive $250,000.
Branch also says Kubosh made a racial slur during the incident. However, that allegation was not included in this lawsuit and would require a separate legal filing.
After covering medical bills, Branch says he plans to donate the remaining funds to CERT, continuing his commitment to the community.
Former council member responds
We reached out to former Council Member Michael Kubosh when we were working on this story and he referred us to the city attorney. A day after the story was published, Kubosh emailed to say both he and Houston Fire Chief Samuel Pena encouraged Mr. John Branch to seek medical assistance from the EMS staff on site if he felt it was needed and that Branch declined. “I want to be clear: I have never disrespected or insulted Mr. Branch in any way." Kubosh also said he made no racial remarks at the Booker T. Washington Parade.