Ex-NFL Player’s Family Sues James Harden’s Restaurant in Drunk Driving Death

The family of former NFL cornerback D.J. Hayden is suing a Houston restaurant owned by NBA star James Harden. 

Hayden was killed in November 2023 along with two former college teammates in Houston in a car accident that led to seven deaths, including Christian Herrera, the driver who caused it. 

The family is seeking a wrongful death claim against the restaurant, according to the court filing, but did not specify the amount of damages they’re seeking. An additional court motion said they are seeking relief of more than $1 million. 

Hayden’s family was asked to join the lawsuit brought by Taylar Jackson’s family late last week in Harris County court, against 13 Strikes LLC, which operates Harden’s restaurant, Thirteen by James Harden. Jackson was another victim in the accident. The families allege the restaurant overserved alcohol to Herrera “past the point where he was obviously intoxicated to the extent that he presented a clear danger to himself and others,” the lawsuit says. 

Hayden was a first round pick out of Houston in the 2013 NFL Draft. He had a nine-year professional career, mainly as a reserve and spent his first four seasons with the Oakland Raiders. He also played for the Lions, Jaguars, and Commanders.

Harden, who is not named in the lawsuit, currently plays for the Los Angeles Clippers and played a little more than eight seasons with the Houston Rockets before getting traded to the Brooklyn Nets. He opened the restaurant in March. 

After dining at the restaurant, Herrera ran a red light and hit a car Hayden was riding in with Lauren Robinson Holliday, Zachary McMillian, and Ralph Oragwu. Hayden, McMillian, and Oragwu were all teammates at the University of Houston, and they were all killed in the crash. Jackson and a pedestrian were also killed. An autopsy revealed Herrera’s blood alcohol level was 0.139, well above the 0.08 legal limit, according to the complaint. 

Hayden’s family accused Harden’s restaurant of violating the Texas Dram Shop Act because the venue continued to serve Herrera despite him being visibly drunk. The law opens up anyone licensed to sell alcohol in the state to be sued for damages if the person they serve “was obviously intoxicated to the extent that he presented a clear danger to himself and others.” In addition to Texas, 42 other states have some form of a Dram Shop Act. The lawsuit alleges the car accident could have been avoided because the restaurant served Herrera to a point where he was incapable of safely driving a car. 

“Hayden tragically died because of the injuries he sustained in the collision, which was a direct result of 13 Strikes over serving Herrera,” Hayden’s family said.