Cement truck plunges from overpass and kills toddler in SUV. Now Texas family sues

·2 min read

A Texas family was traveling along a feeder road when a cement truck came barreling off the elevated freeway above them.

That cement truck landed on their SUV, killing a toddler boy inside.

Now his family is suing National Ready Mix, LLC — the company that operates the cement truck.

“Our family was devastated by an unexpected and unimaginable tragedy,” mother Jennifer Resendiz wrote in a GoFundMe raising funds for funeral costs. “Baby Nicolas Resendiz lost his life ... He was only 22-months-old. But he was a happy, smart, and nice little boy.”

Harris County Sheriff Ed Gonzalez tweeted that the cement truck appeared to have “lost control” before it plunged off the overpass and landed on the SUV with four people inside on Friday, Aug. 5.

An employee with National Ready Mix, based in Kingwood, told McClatchy News the company does not have a statement regarding the lawsuit.

Jennifer Resendiz, her 54-year-old mom and Nicolas’ twin sister were able to get out of their vehicle, KRPC reported. Authorities say a toddler died at the scene.

In the lawsuit filed Aug. 8 in Harris County District Court, attorneys say Resendiz and her mother, Maria, “sustained serious injuries that required medical treatment and in all likelihood will require additional medical treatment in the future.”

The family seeks over $1 million in monetary relief to help cover pain, physical disfigurement, future suffering and all that comes with the death of a child.

“Jennifer Resendiz has forever lost her son,” the lawsuit says. “She is, therefore, 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, which she has suffered since his death, and which she will suffer in the future for the rest of her life.”

They allege the company was negligent when the employee “lost control of the truck and flipped over onto the feeder road below.”

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