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Lawsuit: Brianna Aguilera’s parents allege underage alcohol service at Austin tailgate contributed to daughter’s death

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Lawsuit: Brianna Aguilera’s parents allege underage alcohol service at Austin tailgate contributed to daughter’s death


The parents of Brianna Aguilera have filed a lawsuit against two organizations, alleging that they served alcohol to their underage daughter which contributed to her death in Austin.

Before Aguilera fell to her death from the Rio 21 Apartments in West Campus, the lawsuit states that she attended a tailgate at the Austin Blacks Rugby Club’s facility, organized by the UT Latin Economics and Business Association.

Both the Austin Blacks Rugby Club and the UT Latin Economics and Business Association were listed as defendants in the lawsuit.

>> What we know about Texas A&M student Brianna Aguilera’s death in Austin

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Even though the lawsuit states Aguilera was “noticeably intoxicated” at the tailgate, her parents argue that the defendants continued to serve her alcohol.

According to court documents, Aguilera allegedly began stumbling at the tailgate and needed help standing at times. At some point, the lawsuit said she fell into the woods and lost her phone.

After leaving the tailgate at approximately 10 p.m., court documents state Aguilera died around two hours later.

The lawsuit also accuses the defendants of negligence and gross negligence for serving alcohol to Aguilera despite her age and allegedly overserving her.

In the suit, Aguilera’s parents demanded a trial by jury and sought at least $1 million plus interest, costs and punitive damages.

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Aguilera’s parents also seek damages for wrongful death, citing the defendants’ alleged misconduct.

Houston-based attorney Tony Buzbee, who’s representing the Aguilera family, commented on the lawsuit in a Tuesday news conference.

Watch the full news conference below:

“Brianna was obviously overserved,” Buzbee said. “Even the police have concluded that she was overserved at that tailgate. She was not 21.”

Buzbee also stated that the Austin Police Department has allegedly told multiple witnesses not to talk with him and Aguilera’s parents.

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“They told the three, the three individuals that were in that apartment that night when this young girl died. They told them, do not speak to Brianna’s mother or her lawyers,” Buzbee said.

He said that the lawsuit could provide a way for the witnesses to eventually come forward with information.

“By filing this lawsuit, not only will we hold accountable an entity or entities that were involved in overserving Brianna and other minors, but we will also be able to subpoena individuals and documents and video and data so we can continue our investigation,” Buzbee said.

KSAT’s sister station, KPRC, has reached out to both the Austin Blacks Rugby Club and the UT Latin Economics and Business Association for comment on the lawsuit. This story will be updated once the organizations provide a statement.


More coverage of this story on KSAT:

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Austin, TX

Texas Plans Second Execution of the Year

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Texas Plans Second Execution of the Year


Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” […]



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Austin, TX

Will the rest of Austin allergies seasons be as bad as cedar this year?

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Will the rest of Austin allergies seasons be as bad as cedar this year?


Austin had a particularly itchy and drippy cedar fever season to start the year. Many winter days, from late December into February, had high or very high ashe juniper (aka cedar) pollen counts. 

Central Texas has a year-round allergy season with mold popping up at any time. For the more traditional spring and fall allergy seasons, forecasters at AccuWeather are predicting some of the allergens across the country will be worse this year than average. 

Texas, though, is a different story.

For grass allergies, which happen now through September, AccuWeather estimates Austin will have an average season. However, just west of the Interstate 35 corridor in the Hill Country to almost El Paso, that season is expected to be worse than normal. 

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“Texas may experience above-average grass pollen for a few weeks,” AccuWeather’s allergy report said, “though the season could be shorter-lived compared to northern areas.” 

It all depends on the weather

How much rain we get in the next six months and the perennial Texas heat will all affect the growing season for grasses and weeds, as well as the amount of pollen trees produce. The Farmers’ Almanac and the Old Farmers Almanac are both predicting a wetter and warmer spring.

Rain helps plants grow, which can increase pollen production over time. However, rainfall during allergy season can also bring temporary relief by washing pollen out of the air. That’s what we’re expecting this weekend, with our first meaningful rain chance in nearly three weeks. Tree and weed pollen levels might briefly drop, but mold could spike because it thrives in damp, humid weather. 

If spring continues with excessive heat like we saw in February, it could limit the growth of some plants and trees. Extreme heat can reduce how much they grow, and how much pollen they produce. On the other hand, if we get a healthy balance of rain and only slightly above-normal temperatures — not extreme heat — pollen counts could climb. That’s especially true as we head into April, typically our windiest month of the year, which helps spread pollen more easily.

How can you treat allergies in Austin?

If you are feeling the effects of allergies, here are some things you can do to lessen them: 

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  • Start taking allergy medication at least two weeks before your allergen’s season is supposed to start. Keep taking your allergy medication throughout your allergen’s season, even on low-pollen days.
  • Vary your allergy medication. You can take a nasal spray, an eye drop and an oral antihistamine at the same time to treat the different symptoms. If one kind of allergy medication isn’t working, consult your doctor about whether you should add a second one or switch out the medication. 
  • Take a shower before going to bed.
  • Take off outside clothes or shoes when you get into the house.
  • Do a daily nasal wash such as a neti pot or saline spray.
  • Consider seeing an allergist to get drops or shots to lessen your reaction to the allergen. 

Consider these household tips to improve your chances of keeping allergens away:

  • Change the filters in your house regularly during cedar fever season.
  • Vacuum and sweep regularly. 
  • Change your sheets, especially your pillow regularly. 
  • Keep doors and windows closed.
  • Clean out the vents in your home.
  • Have your home tested for indoor allergens such as mold.
  • Wash and brush the animals in your house to lessen the amount of allergens in the air. 
  • Wear a mask outside or inside while you are trying to lessen the pollen or mold indoors.



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Austin, TX

Texas Primary: Breakdown of Texas races

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Texas Primary: Breakdown of Texas races


Democrats tried to stop a mid-decade redistricting effort, but were unsuccessful. Now, we are starting to see some of the candidates emerging in those newly drawn districts. FOX 7 Austin’s Rudy Koski gives a full breakdown.



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