Professional Documents
Culture Documents
______________
SALMAN CHAUDHARY §
AND ZARA SALMAN, §
Individually and On Behalf of the §
Estates of ELIJAH CHAUDHARY § IN THE _____ DISTRICT COURT
& DANIEL CHAUDHARY, §
§
Plaintiffs, §
§
v. §
§
HAYDEN HAMMER, §
BLAKE KIRKPATRICK, §
PATRICIA WEAVER, § WILLIAMSON COUNTY, TEXAS
TODD HAMMER, §
STEPHANIE HAMMER, §
& §
VICKIE JOHNSON §
§
Defendants. §
Plaintiffs, Salman Chaudhary and Zara Salman, Individually and On Behalf of the
Estates of Elijah Chaudhary and Daniel Chaudhary, seek damages against Defendants,
Hayden Hammer, Blake Kirkpatrick, Patricia Weaver, Todd Hammer, Stephanie Hammer
and Vickie Johnson for all damages to which Plaintiffs are justly entitled. Plaintiffs would
father of minor decedent ELIJAH CHAUDHARY and ZARA SALMAN is the stepmother.
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2. Defendant HAYDEN HAMMER (“Defendant Hayden Hammer”) is a Texas
resident. Defendant Hammer is an inmate in the Williamson County Jail. Defendant Hammer can
resident. He may be served at 1739 Starwood Drive, Cedar Park, Texas 78613.
may be served at 1350 Sonny Drive, Apt. 10303, Leander, Texas 78641.
Hayden Hammer and is a Texas resident. He may be served at 141 Palomino Road, Abilene,
Texas 79602.
mother of Hayden Hammer and is a Texas resident. She may be served at 141 Palomino Road,
Kirkpatrick and is a Texas resident. She may be served at 1739 Starwood Drive, Cedar Park,
Texas 78613.
8. Venue of this lawsuit is proper in Williamson County because the Plaintiffs and
most Defendants are residents of this county and all of the events giving rise to this lawsuit
DISCOVERY
FACTUAL BACKGROUND
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10. On January 10, 2018, Defendant Hayden Hammer and his passenger, Defendant
Patricia Weaver were in Defendant Hayden Hammer’s large black truck at a red light on
Whitestone Boulevard. Defendant Blake Kirkpatrick was stopped in his large maroon truck in
the lane next to Defendants Hayden Hammer and Patricia Weaver. Defendants Hayden Hammer,
Patricia Weaver and Blake Kirkpatrick exchanged both hand gestures and words indicating they
planned to race.
11. When the light turned green, both trucks started speeding down Whitestone
Boulevard. Defendant Patricia Weaver encouraged Defendant Hayden Hammer to keep speeding
and to go faster. Plaintiff Zara Salman was making a safe left turn onto Walton Way from
Whitestone Boulevard with Daniel and Elijah in the backseat. Defendant Hayden Hammer
violently rammed into Plaintiff Zara Salman’s vehicle, killing little Elijah Chaudhary and little
Daniel Chaudhary and nearly killing Plaintiff Zara Salman. Plaintiff Zara Salman was in a coma
for weeks and now has a life altering traumatic brain injury.
12. Defendant Hayden Hammer was arrested for two counts of “Racing on Highway
Causing Death” and one count of “Racing on Highway Causing Serious Bodily Injury”.
13. Defendant Blake Kirkpatrick fled the scene. Defendant Blake Kirkpatrick was
later bragging to friends and acquaintances that he was involved in a crash which he saw on the
news – and which resulted in the death of children. Defendant Blake Kirkpatrick was a fugitive
from justice for several weeks until he was arrested and is being charged with two counts of
“Racing on Highway Causing Death” and one count of “Racing on Highway Causing Serious
Bodily Injury”.
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CAUSES OF ACTION
14. Plaintiffs adopt and incorporate all of the allegations contained in paragraphs 1
through 13 herein. All conditions precedent have been met or have occurred. Defendants Hayden
Hammer, Blake Kirkpatrick and Patricia Weaver were negligent and this negligence caused
Elijah Chaudhary and Daniel Chaudhary to die and left Plaintiff Zara Salman with a traumatic
Count II: Gross Negligence – Hayden Hammer, Blake Kirkpatrick & Patricia Weaver
15. Plaintiffs adopt and incorporate all of the allegations contained in paragraphs 1
through 14 herein. The Defendants’ actions were grossly negligent. Speeding down an extremely
busy main thoroughfare with a posted speed limit of 50mph is incredibly reckless and bound to
injure or kill somebody. It was highly foreseeable this tragedy would occur due to the grossly
Count III: Negligent Entrustment – Todd Hammer, Stephanie Hammer & Vickie Johnson
16. Plaintiffs adopt and incorporate all of the allegations contained in paragraphs 1
through 15 herein. All conditions precedent have been met or have occurred. Defendants Todd
Hammer and Stephanie Hammer entrusted their vehicle to Defendant Hayden Hammer.
Defendant Hayden Hammer was an incompetent and reckless driver. Defendants Todd Hammer
and Stephanie Hammer knew or should have known that Defendant Hayden Hammer was an
incompetent and reckless driver. Defendants Todd Hammer and Stephanie Hammer could
reasonably have anticipated that entrusting a vehicle to an incompetent and reckless driver would
result in injury or death. Defendants Todd Hammer’s and Stephanie Hammer’s negligence
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proximately caused injury to Plaintiff Zara Salman and death to Elijah Chaudhary and Daniel
Chaudhary.
17. Plaintiffs adopt and incorporate all of the allegations contained in paragraphs 1
through 16 herein. All conditions precedent have been met or have occurred. Defendant Vickie
Johnson entrusted her vehicle to Defendant Blake Kirkpatrick. Defendant Blake Kirkpatrick was
an incompetent and reckless driver. Defendant Vickie Johnson knew or should have known that
Defendant Blake Kirkpatrick was an incompetent and reckless driver. Defendant Vickie Johnson
could reasonably have anticipated that entrusting a vehicle to an incompetent and reckless driver
would result in injury or death. Defendant Vickie Johnson’s negligence proximately caused
injury to Plaintiff Zara Salman and death to Elijah Chaudhary and Daniel Chaudhary.
DAMAGES
19. Pursuant to TRCP 47(c), Plaintiffs seek monetary relief over $1,000,000.
20. Plaintiffs demand a jury trial. The appropriate fee has been tendered.
21. Plaintiffs respectfully request that this cause be set for trial before a jury, and that
Plaintiffs recover judgment from all Defendants for all damages to which they are justly entitled
and the jury may determine to be proper, together with pre-judgment and post-judgment interest,
cost of suit, and that Plaintiffs have such other and further relief as they may justly show
themselves to be entitled.
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__________________________________________
Adam Loewy, Esq.
Texas Bar No. 24041353
LOEWY LAW FIRM P.C.
7000 North Mopac Expressway, Suite 200
Austin, Texas 78731
P: (512) 779-3547
F: (512) 900-2991
E: adam@loewyfirm.com