After three months of litigation, the sole survivor of the August crash that killed five TEXAS cast members has dropped his negligence lawsuit.
On August 12
, 2013, several TEXAS cast members were leaving a cast party at the Coldwater Ranch in a car driven by 20 year-old Clinton Diaz. Diaz pulled out in front of a southbound truck on Highway 287 just north of Dumas, and the ensuing collision killed Diaz and four of the five passengers in the car, and critically injured 30 year-old Timothy Johnson.
A Texas Department of Public Safety crash report indicated Diaz had a blood-alcohol content of 0.165 and trace amounts of marijuana in his blood at the time of the accident.
On September 11
, Johnson and the mother of one of the other passengers killed in the wreck filed a lawsuit against the Texas Panhandle Heritage Foundation, the Coldwater Cattle Company, and Joe Batson, the owner of the Coldwater Ranch, claiming those three entities were at least partially responsible for the accident.
The invitations stated the party was BYOB and that attendees â??Must have a Designated Driver.â??
Notice of Non-Suit documents filed today (Dec. 20) confirm that Johnson has dropped his suit.
In a TPHF release, Johnson is quoted as saying, â??I am so thankful it is over. I have had hell dealing with this because I never wanted it â?¦ ending this was the right thing to do.â??
Kris Miller, Executive Director of the TPHF, said, â??Tim has, is, and always will be a good friend. His decision to drop the lawsuit was incredible but not a surprise. You have to know Tim to understand, but he is an incredible man.â??
And Joe Batson is quoted as saying, â??We are sadly reminded, at this time of the year, of the grief we share with the families who lost loved ones in this terrible tragedy. The Non-Suit by Mr. Johnson speaks for itself, and it is hoped that such action will assist the grieving process of the extended TEXAS family.â??