Two lawsuits filed against at-fault driver in fatal, wrong-way Harbor Bridge crash

Two people impacted by a fatal wrong-way crash on the Harbor Bridge last month filed lawsuits against the woman police accused of being intoxicated at the time of the crash, according to court records.

The plaintiffs, each of whom are suing for $1 million in damages as compensation, include a motorist who survived the crash but suffered significant injuries and the wife of a man who was killed. Their lawsuits come as both Corpus Christi police and the Texas Alcoholic Beverage Commission are looking into the incident.

Roxanne Palacios, 35, who police say caused the crash by driving in the wrong direction on U.S. 181 and had “a strong odor of intoxicating beverage about her person” at the scene of the Nov. 2 crash, is facing two counts of intoxication manslaughter for the deaths of Matthew Banda, 27, and his passenger, Betsy Mandujano, 37.

Attempts to reach Palacios on Friday for comment were unsuccessful, and court records do not show she has retained or been appointed an attorney. She remained in the Nueces County Jail Friday on bonds totaling $600,000, according to online jail records.

Mandujano, a communications operator for the San Patricio County Sheriff's Office, and Matthew Banda, a U.S. Navy veteran, were driving south on the correct side of U.S. 181 and died at the scene of the crash, according to an arrest affidavit for Palacios. 

Police also charged Palacios with intoxication assault. A third vehicle driven by Janell Donaho, 39, was also driving on the correct side of the bridge highway and was involved in the crash. Donaho survived the crash but was severely injured, suffering a fractured lower left leg, according to the affidavit.

Donaho and Matthew Banda’s wife, Christina Banda, are the plaintiffs in the two lawsuits. Their respective lawyers did not immediately return phone calls from the Caller-Times.

Christina Banda, who court records show has retained law firm Webb Cason & Manning, is suing Palacios on the couple’s daughter and her husband’s estate.  She is seeking compensation for damages, including the death of her husband, the subsequent mental anguish, and funeral and medical experiences, according to the lawsuit. The case will be heard in Nueces County Court at Law No. 2, where Judge Lisa Gonzales presides.

In addition to suing Palacios, Donaho, who retained law firm Thomas J. Henry, is seeking damages from Palacios’ employer, Flatiron/Dragados, a joint venture overseeing the troubled Harbor Bridge Replacement Project, and the downtown restaurant Palacios visited before the evening crash, Railroad Seafood & Brewing Co. Representatives of both companies declined to comment on the lawsuit.

The evening of the crash, Palacios was drinking at a company-sponsored event at the restaurant, celebrating news that one of the design disputes that had paused the new Harbor Bridge project had been resolved. Flatiron/Dragados provided alcoholic beverage vouchers to employees for this gathering, the lawsuit contends.

Both Flatiron/Dragados and Railroad Seafood & Brewing Co. witnessed Palacios in an “obviously heavily intoxicated” state but did not appropriately intervene to prevent her from driving and later causing the fatal crash, according to the lawsuit.

“Failing to stop her, seek help, detain her, call an Uber ride or call the police, they let her go. … Palacios traveled westbound on Belden Street and turned northbound on Tancahua Street,” the lawsuit reads. Before the fatal crash and after leaving the restaurant parking lot, “Palacios turned on to Power Street and entered the wrong way onto the southbound lanes of the Harbor Bridge going northbound.”

Such events show that Palacios, her employer and the restaurant were negligent to the degree that contributed to the fatal head-on crash, the lawsuit claims. 

A Flatiron/Dragados spokesperson, Lynn Allison, declined to comment on the event or the lawsuit, citing possible litigation, but said the company would “cooperate with the authorities to the fullest extent” during the investigation.

“Our deepest condolences go out to everyone impacted by the tragic accident,” Allison said in a text message.

Allison declined to confirm or deny whether Palacios is employed at Flatiron/Dragados or disclose the current status of her employment, saying she could not comment on personnel matters. 

According to Palacios’ LinkedIn profile, she worked for Flatiron/Dragados as an administrative assistant from July 2019 to February 2020 before becoming a DBE coordinator with Dragados USA. She was then promoted to DBE manager.

An employee who identified themselves as a manager of Railroad Seafood & Brewing Co. declined to answer questions about that event or the lawsuit, including whether the restaurant or its owner had been served with papers.

Donaho's lawsuit landed in Nueces County Court at Law No. 3, where Judge Deeanne Galvan presides.

The filing of the lawsuit comes after the Texas Alcoholic Beverage Commission, the state agency that handles licensure for businesses to serve alcoholic beverages, opened an investigation into the restaurant. That investigation was ongoing as of Friday.

“The investigation continues, at this time there (are) no new findings to announce,” said Chris Porter, a TABC spokesperson, in a written statement. “TABC continues to interview witnesses and gather information in order to construct an accurate timeline of the night’s events, once that’s complete investigators will work to determine whether any TABC-licensed businesses’ actions contributed to the loss of life.”

The investigation into the crash remained ongoing Friday by the Corpus Christi Police Department, said Senior Officer Gena Pena, a department spokesperson. Pena declined to answer further questions due to the active investigation.

The charges facing Palacios are all second-degree felonies, which are each punishable by two to 20 years in prison and up to a $10,000 fine should she be convicted.