The grieving family of former NFL player D.J. Hayden has taken legal action against Thirteen, a restaurant owned by James Harden, in connection with a tragic multi-fatality crash that occurred in November 2023.
Taloria Hayden, D.J.'s mother, and his two children have filed a petition to join an existing lawsuit targeting the establishment. The legal action centers on allegations that the restaurant negligently overserved a customer who subsequently caused a devastating collision.
"DJ died at such a young age, father of two, son," said attorney Micah Dortch, emphasizing the family's quest for understanding. "And the family just wants to know what happened. How could this have been avoided? How could they avoid it in the future?"
The incident claimed the lives of seven individuals, including Hayden, former University of Houston football players Zachary McMillian and Ralph Oragwu, driver Lauren Robinson-Holliday, Taylar Jackson, the crash's perpetrator Christian Herrera, and pedestrian Frank Johnson.
Dortch described the vehicle involved as "a missile," stating, "Vehicles are deadly weapons. The vehicle that this man was driving, two or three tons, and at the speed that he was going, that's just a missile."
The lawsuit alleges that restaurant managers and staff failed to recognize that Herrera was dangerously intoxicated. According to court documents, Herrera's blood alcohol concentration was measured at 0.139. The legal claim further suggests that employees lacked proper training and had no established protocols for monitoring customer alcohol consumption.
Thirteen by James Harden's Chief Operating Officer, John Ricks, previously responded to the initial lawsuit, saying: "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."
Houston police reports indicate that Herrera was driving southbound on Fannin in a black Chrysler 300, running a red light at Pierce Street and colliding with a black Acura SUV. The crash resulted in multiple fatalities, with three individuals ejected from the SUV and the Chrysler striking a pedestrian on the sidewalk.
A tragic epilogue to the incident came on April 29, 2024, when Taylar Jackson, who was critically injured in the initial crash, succumbed to her injuries.
The lawsuit adds another layer of heartbreak to the story of D.J. Hayden, a resilient athlete who had previously overcome a near-fatal heart injury during his college football career. Hayden, who played for multiple NFL teams including the Oakland Raiders, Detroit Lions, Jacksonville Jaguars, and Washington Commanders, retired in 2021 after a notable professional journey that began with his selection as the 12th overall pick in the NFL Draft.