â??Texasâ?? wreck survivor sues Joe Batson and others

Timothy Johnson remains in the hospital following the fatal wreck August 12th that killed his five friends.

Heâ??s suing Joe Batson, who hosted the party, Coldwater Cattle Company, where it was held, and the Texas Panhandle Heritage Foundation.ã?? Heâ??s claiming negligence in their roles as hosts of the party.

Heâ??s demanding more than a million dollars for damages.

Earlier this month, Kris Miller, told Pronews 7, "Iâ??m pretty sure the Foundation will not have any responsibility in this."

But one local attorney, Vince Nowak, who has no connection to the case, believes Johnson has a case against Joe Batson.ã?? "I think thereâ??s a solid case of action on the property owner, Joe Batson, for letting the kids get in their car drunk, and drive, after he promised them designated drivers."

Nowak cites the argument of negligent undertaking, saying if someone promises to protect a drinker, for example, promising designated drivers, that person must follow through with the promise or face liability.