HOUSTON, Texas — The City of Houston has filed a motion requesting a new trial after a federal jury awarded $13 million to the family of a man killed in a 2021 crash involving a Houston Police Department officer.
Court filings submitted last week argue that the city was “unfairly surprised” during the trial, that evidentiary rulings were incorrect, the jury was improperly instructed, and that the damages awarded were “excessive.”
The case stems from a Dec. 26, 2021, crash in which 75-year-old Charles Payne died after attempting a left turn across northbound lanes on North Shepherd Drive. Officer Christopher Cabrera, driving for HPD at the time, struck Payne’s vehicle. Cabrera was initially named as a defendant but later granted qualified immunity.
The jury found that the city “was deliberately indifferent” in adopting policies that allowed officers to drive recklessly. Payne’s attorneys, Ben Crump and Paul Grinke, said the verdict reflects the “truth of what happened” and expressed hope that it will lead to safer law enforcement vehicle policies.
In its 44-page filing, Houston claims the trial included vague legal theories, excluded evidence regarding Payne’s past imprisonment and family history, and featured errors in jury instructions. The city also filed objections to the plaintiffs’ request for attorney’s fees, arguing they waived that right.
As of Tuesday, the federal judge had not ruled on the city’s motion for a new trial. The case continues to be closely watched for its implications on municipal liability and police driving policies.
