James Harden at the Center of Wrongful Death Suit Involving the Tragic Deaths of Former NFL Player D.J. Hayden and Six Others

NBA star James Harden’s restaurant, Thirteen, is facing a wrongful death lawsuit connected to a devastating 2023 car crash that killed seven people, including former NFL player Derek Sherrard “D.J.” Hayden Jr.

Filed in Harris County District Court on Monday, Dec. 9, the lawsuit accuses the Houston-based establishment and its parent company, Team Harden LLC, of negligent alcohol service, allegedly contributing to the horrific accident.

The case centers on Christian Daniel Herrera, the driver responsible for the collision, who reportedly became dangerously intoxicated at Thirteen before causing the crash. Lawyers for the plaintiff argue that the restaurant over-served Herrera, despite his visible intoxication, making them liable for the ensuing tragedy.

 James Harden's restaurant in a wrongful death lawsuit. (Photo by Mitchell Leff/Getty Images)
NBA player James Harden’s restaurant has been named in a wrongful death lawsuit. (Photo by Ronald Martinez/Getty Images)

Among the victims was the 33-year-old former NFL cornerback who played nine seasons in the league, mostly for the Oakland Raiders and Jacksonville Jaguars. Hayden, who graduated from the University of Houston.

Hayden had previously survived a life-threatening freak accident in practice at Houston, tearing his inferior vena cava vein while making a tackle. Doctors described the injury as having a 95 percent mortality rate. Despite defying those odds, his life tragically ended in the fiery crash.

The crash, which occurred on Nov. 11, 2023, also claimed the lives of three former University of Houston football players and other innocent victims, including Izuchu Oragwu, 31; Frank Johnson, 31; Zachary McMillian, 32; Lauren Robinson, 32; and Taylar Jackson, 30.

Jackson’s mother, Cassaundra Jackson, is the lead plaintiff in the lawsuit, seeking over $1 million in damages.

According to the Houston Police Department, the crash happened at approximately 2 a.m. on Fannin Street. Herrera, driving alone in a black Chrysler 300 at a high speed, ran a red light, T-boning the Acura SUV Jackson and five other people were riding in.

According to Daily Mail, witnesses described the impact as “like two trains crashing together.” Both drivers were pronounced dead at the scene, bringing the number of lives claimed to a total of seven, including a pedestrian at the scene. Two of the group succumbed to their injuries at nearby hospitals.

Taylar Jackson initially survived the crash but passed away in April 2024 after months of critical care. In May, Houston authorities officially named her as one of the victims.

While Harden is not accused of any wrongdoing personally, the lawsuit brings significant scrutiny to his business practices. Opened in 2021 during Harden’s transition to the Brooklyn Nets, Thirteen was envisioned as a high-profile addition to Houston’s dining scene. However, this legal battle threatens to overshadow its success.

The restaurant, which features a hookah lounge and a bowling alley, is located seven blocks west of the tragic crash, Houston Chronicle reports.

The legal team representing Cassaundra Jackson claims the restaurant failed to fulfill its legal duty to cut off service to visibly intoxicated patrons, a standard intended to prevent exactly this kind of tragedy.

“This loss is immeasurable,” one lawyer stated. “Our goal is to ensure accountability for the parties responsible.”

Harden’s restaurant has issued a public statement expressing condolences while urging patience as they review the lawsuit’s details.

“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,” the statement read. “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.”

As the lawsuit progresses, the victims’ families seek not only financial compensation but also justice for their unimaginable loss. With the driver, Herrera, deceased, legal action against the restaurant remains their only recourse. The tragic event has reignited discussions around alcohol service regulations and the responsibilities of establishments to prioritize public safety.

The legal and emotional fallout from the crash continues to ripple through the lives of those affected. For many, including the families of victims like Hayden and Jackson, the lawsuit represents a vital step toward accountability and healing in the face of overwhelming grief.

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