HAYS COUNTY, Texas — A mother is suing FJM Concrete for injuries she and her daughter sustained in a school bus crash in Bastrop County on March 22 when a cement truck owned by the company veered into the opposite lane, causing the bus to roll over.

What You Need To Know

  • A mother is suing FJM Concrete for injuries she and her daughter sustained in a school bus crash in Bastrop County on March 22 when a cement truck owned by the company veered into the opposite lane, causing the bus to rollover

  • Victoria Limon is suing FJM Concrete LLC, its owner Francisco Xavier Martinez, Jr. and Jerry Hernandez, the driver of the cement truck
  • Damages listed in the lawsuit include past and future medical expenses from treating Limon and her daughter’s injuries, physical pain and suffering, mental anguish and lost wages

  • It’s the second confirmed lawsuit to come out of the deadly crash

The bus was carrying 44 Tom Green Elementary students and 11 adults who were returning from a field trip to the Bastrop County Zoo. Five-year-old Ulises Rodriguez Montoya, who was riding in the school bus, and 33-year-old Ryan Wallace died in the crash. Wallace was traveling in a separate vehicle behind the bus and was not affiliated with the school.

Victoria Limon was one of the adults traveling with her daughter in the bus.

According to the lawsuit, Limon is suing FJM Concrete LLC, its owner Francisco Xavier Martinez, Jr. and Jerry Hernandez, the driver of the cement truck. Hernandez, who has an extensive criminal record, has been charged with criminal negligent homicide and admitted to smoking marijuana the night before the crash and using cocaine the morning of the crash.

The lawsuit says Hernandez "failed to control his vehicle, failed to keep a proper lookout, failed to stay within his lane of travel, operated the vehicle while under the influence of drugs and/or alcohol and failed to act as a reasonable person in the same or similar circumstances" on the day of the crash.

Damages listed in the lawsuit include past and future medical expenses from treating Limon and her daughter’s injuries, physical pain and suffering, mental anguish and lost wages.

The lawsuit says Limon sustained injuries to her back and other parts of her body, and her daughter sustained head injuries and is also injured in other parts of her body. Both Limon and her daughter were still recovering from their injuries at the time the lawsuit was filed.

Limon is seeking $1 million in monetary relief.

It’s the second confirmed lawsuit to come out of the deadly crash.

Deborah Serna, a teacher who was riding in the bus when it crashed, filed a lawsuit with her husband in early April seeking $1 million to cover her medical expenses from injuries sustained in the crash.

Related Stories

According to the lawsuit, Serna suffers from at least four broken bones as a result of the crash and will be out of work while she recovers.

The National Transportation Safety Board (NTSB) opened an investigation into the crash in early April.