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CAUSE NO.

______________

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’ ORIGINAL PETITION

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

respectfully show the Court the following:

PARTIES & VENUE

1. Plaintiffs SALMAN CHAUDHARY and ZARA SALMAN (“Plaintiffs”) are the

parents of minor decedent DANIEL CHAUDHARY. Plaintiff SALMAN CHAUDHARY is the

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

be served at 306 W. 4th Street, Georgetown, Texas 78626.

3. Defendant BLAKE KIRKPATRICK (“Defendant Kirkpatrick”) is a Texas

resident. He may be served at 1739 Starwood Drive, Cedar Park, Texas 78613.

4. Defendant PATRICIA WEAVER (“Defendant Weaver”) is a Texas resident. She

may be served at 1350 Sonny Drive, Apt. 10303, Leander, Texas 78641.

5. Defendant TODD HAMMER (“Defendant Todd Hammer”) is the father of

Hayden Hammer and is a Texas resident. He may be served at 141 Palomino Road, Abilene,

Texas 79602.

6. Defendant STEPHANIE HAMMER (“Defendant Stephanie Hammer”) is the

mother of Hayden Hammer and is a Texas resident. She may be served at 141 Palomino Road,

Abilene, Texas 79602.

7. Defendant VICKIE JOHNSON (“Defendant Johnson”) is the mother of Blake

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

occurred in this county.

DISCOVERY

9. This lawsuit will be conducted pursuant to a Level 3 discovery plan.

FACTUAL BACKGROUND

The following statements are based upon information and belief:

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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

Count I: Negligence – Hayden Hammer, Blake Kirkpatrick & Patricia Weaver

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

brain injury after she came out of a coma.

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

negligent actions of the Defendants.

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

18. Plaintiffs seek all available damages under Texas Law.

19. Pursuant to TRCP 47(c), Plaintiffs seek monetary relief over $1,000,000.

REQUEST FOR JURY TRIAL & REQUESTED RELIEF

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.

Submitted on February 28, 2018.

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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

ATTORNEY FOR PLAINTIFFS