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James Harden's restaurant sued for allegedly overserving customer accused in crash that left 7 dead

The lawsuit claims Christian Herrera was overserved alcohol at Harden's Thirteen restaurant before the 2023 crash that killed ex-UH football player D.J. Hayden.

HOUSTON — A lawsuit has been filed against James Harden's restaurant group in connection with a deadly crash last November.

Seven people died after the crash at the intersection of Fannin Street and Pierce Street around 2 a.m. on Nov. 11, 2023. Former UH football players D.J. Hayden, Zachary McMillian and Ralph Oragwu were among the victims.

The lawsuit claims Christian Daniel Herrera was overserved at Harden's Thirteen restaurant in the downtown/Midtown area before the crash happened. According to the lawsuit, his blood alcohol concentration was measured at 0.139.

RELATED: Former NFL player D.J. Hayden, two other former UH players and Missouri City woman among those killed in crash

The lawsuit says Herrera was "past the point where he was obviously intoxicated to the extent that he presented a clear danger to himself and others." It also claims employees weren't properly trained and the restaurant had no practices to track how much customers were consuming.

Statement from Thirteen by James Harden COO John Ricks regarding the lawsuit:

"We cannot imagine what the family of Taylar Jackson has gone through this past year and offer our deepest sympathies to them and everyone whose lives were deeply impacted by that tragic accident.

"We were just made aware of the filing of this lawsuit. We ask for your patience as we gather more information on this filing and will make a more formal statement as soon as possible."

The crash

According to Houston police, Herrera was speeding in a black Chrysler 300 southbound on Fannin when he ran a red light at Pierce and hit a black Acura SUV.

Police said three people in the SUV were ejected and the Chrysler left the roadway and hit a pedestrian on the sidewalk.

Four people were pronounced dead at the scene, including both drivers. Three others were later pronounced dead. One man survived the crash, according to police.

The victims

Police said they believe Herrera was alone in the Chrysler. He was pronounced dead at the scene.

Oragwu was also pronounced dead at the scene. Hayden, who went on to play eight seasons in the NFL, and McMillian were taken to area hospitals, where they were pronounced dead.

RELATED: 'Shocked and devastated' | High school football team blindsided by loss of Coach DJ Hayden
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Police said Lauren Robinson-Holliday, 32, was driving the SUV. She was pronounced dead at the scene.

Frank Johnson, 31, was identified by police as being the pedestrian who was struck by the car. He was pronounced dead at the scene.

Two other passengers in the SUV were taken to an area hospital with injuries from the crash. Taylar Jackson, 30, was taken to an area hospital in critical condition and ended up dying on April 29, 2024. A 32-year-old man survived the crash, according to police.

Jackson's family filed the lawsuit against Harden's restaurant group.

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