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'Texas' crash cast survivor sues for $1 million in damages

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The lone survivor of the 'Texas' musical cast involved in the August 12th crash is suing for more than one million dollars in damages.

Thirty-year-old Timothy Johnson is still in the hospital and now, he wants compensation. Thursday, September 12, marked one month to the day since the fatal 'Texas' crash, but it was Wednesday, the eleventh, that the first lawsuit hit the table. Johnson is suing Joe Batson, Coldwater Cattle Company and the Texas Panhandle Heritage Foundation Claiming they were negligent in their roles as "hosts" at the party they all attended prior to the crash, which resulted in damages for Johnson - mental, physical and financial.

"This obviously was a terrible tragedy," said Brian Heinrich, an Amarillo attorney representing Johnson. "There were young people who lost their lives and Timothy Johnson has serious injuries that he and his family will likely be left with for the rest of his life." "'At this junction, they're entitled to answers as to how this could have happened under the watch of a group of adults who were charged and had the responsibility of the safety of these folks," he said.

NewsChannel 10 reached out to Joe Batson for comment, but was told he was out of town. His attorney, also representing the Coldwater Cattle Company, said while his clients grieve with the families affected by this tragedy, they'll work to let the truth come to light. "That's what we're going to do, is just let the facts come of whoever did what, and where was what and what all happened," said Batson's Amarillo-based attorney, Bart Pruitt. "And that's the best we can do."

It could weeks before any action is taken as the defendants have up to 20 days to file a response. NewsChannel 10 was unable to talk with anyone from the Texas Panhandle Heritage Foundation on Thursday, but was told the foundation has legal representation out of Dallas.

Five cast and crew members from the 'Texas' musical production were killed in a wreck on August 12, 2013 after the driver of the car ran a stop sign and pulled out in front of a semi-truck. The only survivors were Texas production member Timothy Johnson, and the driver of the semi-truck that hit them, Theron McSay.

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