Texas Dram Shop Case Ends With $112.9 Million Plaintiff Verdict
A Texas family’s lawsuit against a chain of restaurants and its employees resulted in a $112.9 million verdict against the defendants. It’s based on a horrific accident that was caused by a drunk driver who shouldn’t have been served alcohol before getting behind the wheel of his truck. This case is a good example of a dram shop case and the harm drunk drivers can inflict.
Satterley & Kelley, PLLC attorneys will strongly advocate for those injured by the negligence of those illegally serving alcohol to others. We are well-versed in Kentucky dram shop laws and will provide you with the skilled, aggressive legal representation you need. Learn more by calling our Louisville office at (855) 385-9532.
What are Dram Shop Laws?
Under Kentucky law, if someone, who is intoxicated, injures you in a vehicle accident, they are primarily responsible. If they’re:
- Younger than the legal drinking age, and
- A person or business with a liquor license served them alcohol
The license holder may also be held legally accountable for the harm done.
If the drunk driver is 21 years old or older, the licensee may be liable if, before they were served, the licensee (or their employees or agents) knew, or had reason to know, that the person was intoxicated.
An important factor is not whether or not this customer was drunk. The issues are:
- Whether the person’s speech, words, behavior, or actions
- Put the licensee (or their employees or agents) on notice that they are intoxicated
If so, and the person is served anyway, the license holder may face liability for your injuries.
Texas Case Involves Horrific Injuries to a Child by a Drunk Driver, Whom the Defendants Served Alcohol
An Austin, Texas jury in September awarded $112.9 million to the victims of a 2023 highway crash involving a drunk driver, the jury found was over-served at a local restaurant, Wings ‘N More, reports Law.com. According to court documents:
- Pedro Suarez was a patron at Wings ‘N More
- He was overserved alcohol in violation of Texas’ Dram Shop Act
- Suarez’ truck later hit the rear of a car driven by Lorenzo Marquez
- The impact pushed Marquez’ car under a semi-truck trailer
- Suarez’ truck ended up on the car’s roof, pushing it down over the back seat, where 6-year-old Willow Walker was strapped in her car seat
- Bystanders pulled Marquez and Caitlin Carpenter, Walker’s mother, from the car
- Walker was trapped until first responders got her out of the car
- Walker was in cardiac arrest and was resuscitated before she was transported to a local hospital. Walker also sustained a traumatic brain injury
- She has had multiple surgeries, including having part of her skull removed to reduce brain swelling. The force of the accident crushed several facial bones, so she’ll need reconstructive surgery. She is blind in her right eye, and the extent of the damage to her left eye is undetermined
It’s not uncommon for restaurants and bars to serve alcohol to customers who appear to be drunk. These businesses put dangerous drivers like Surez on the road without much thought to the consequences.
Liability for Damages is Split Among the Defendants
Carpenter, individually and on behalf of Walker, and Marquez sued Wings LLC, doing business as Wings ‘N More, two employees, and Suarez. The plaintiffs accused the restaurant and the employees of violating Texas’ Dram Shop Act. It prohibits serving alcohol to a patron who’s obviously intoxicated and a clear danger to themselves and others.
The five-day trial ended with four hours of jury deliberation. They found the restaurant chain, two employees, and Suarez liable for the collision on Interstate 35. The jury divided the liability with Wings ‘N More 37% liable, Suarez 60% liable, and two restaurant employees 3% liable.
The jury awarded Walker compensation for:
- Past physical pain and mental anguish
- Future suffering
- Past and future disfigurement
- Past and future impairment
- Past and future medical expenses
- Lost earning capacity
Carpenter and Marquez were awarded compensation for past and future physical pain and mental anguish.
Plaintiffs Awarded a Substantial Amount That Defendants May Be Unable to Pay
As gratifying as the jury verdict may be for the plaintiffs, it may be partially just a victory on paper.
The jury found Suarez liable for $67.7 million in damages. It’s highly unlikely an individual has that much liability insurance or assets to pay this amount. Two restaurant workers are liable for $33.8 million. They also probably lack the insurance coverage or assets to pay.
That leaves $41.7 million for Wings LLC to pay. They may or may not have enough liability insurance to cover the verdict. Their insurer may pay the limit of the company’s coverage, leaving the rest to them.
If so, the plaintiffs may force the sale of the restaurant chain and its assets to recover what their insurance can’t pay, likely putting them out of business. Though their employees would be laid off, the end of a law-breaking business that severely injured others would be good news for the community.
What’s obtained may never truly compensate the plaintiffs for the trauma they’ve endured, especially Walker, who faces a lifetime of challenges the defendants caused.
Speak With an Experienced Kentucky Dram Shop Act Lawyer
Satterley & Kelley, PLLC lawyers have decades of experience helping injured clients with dram shop cases. We can help you with this type of case, too. If you want to discuss your possible dram shop claim with a knowledgeable Louisville lawyer, contact our office online or call us at 502-589-5600 or toll-free at 855-385-9532.