A lawsuit filed Monday seeks to halt a CID petition whose final consideration is tonight before the Houston City Council. 

A Plato man whose son-in-law was killed in an accident is suing Texas County.

In a lawsuit filed Friday, George Sholtz alleges that the county failed in its responsibilities to maintain Hamilton Creek Road where his son-in-law, Justin Dixon, died in July. In the petition, filed in Texas County Circuit Court, Sholtz alleges that the county replaced a concrete box culvert with an improperly installed metal culvert that left the roadway dangerous.

Dixon was driving a tractor with a disc mower at the time of the accident when it traveled off the roadway and overturned. The equipment was destroyed.

Sholtz alleges the road is in the same condition as at the time of the accident, “that the Texas County Commissioners knew about the hazardous conditions and did nothing to prevent the accident.”

As a result of the loss of equipment, Sholtz is asking $25,000 for the loss of the machinery and the loss of profit.

Dixon’s widow, Tessa, filed a wrongful death lawsuit in September against the county and Cass Township.  

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