After his daughter was killed while driving drunk, a father is alleging it was the responsibility of the downtown bars she visited to monitor his deceased daughter’s actions.

On May 10, 2006, an intoxicated Shannon Seidel climbed into her car after having drinks at Texas Star Bar and Spindletop Seafood & Steak House in the Crockett Street Entertainment District. On her way home, Seidel lost control of her vehicle and collided with a tree. The incident claimed her life.

Two years later, John O. Seidel, Shannon’s father, filed suit against the Crockett Street businesses, claiming the popular downtown spots negligently allowed his daughter to drive away “despite her being obviously intoxicated.”

John Seidel, also acting as next of friend for Shannon’s minor daughter, filed the suit on May 9 in the Jefferson County District Court, under the Texas Alcohol and Beverages Code Annotated �2.02 statute, commonly referred to as the “Dram Shop Statute.”

Before she went to the Crockett Street bars, Shannon Seidel had attended a seminar at Lamar University conducted by the Texas Department of Public Safety. The participating students were administered alcohol to learn its effects on the human body, the plaintiffs’ original petition stated.

“Shannon Seidel was provided alcohol to the point of being legally intoxicated and had been tested and determined to be legally intoxicated,” the suit stated.

“After participating in the program, Shannon Seidel went to the businesses of Defendants, Texas Star Bar and Spindletop, and continued to drink alcoholic beverages.

“Despite being obviously intoxicated and showing obvious signs of intoxication that a reasonable person, especially a provider of alcohol, should recognize, Defendants’ employees continued to serve her alcohol.”

While driving drunk, Shannon Seidel lost control of her vehicle, drove off of the road and collided with a tree on the side of the road, the suit states.

“Plaintiffs contend that � Defendants Texas Star Bar and Spindletop Seafood & Steak House were a proximate cause to the death of Shannon M. Seidel and, as a result, to the damages suffered by Plaintiffs,” the suit says.

“Defendants � are liable for the damages and injuries of the Plaintiffs because Defendants sold alcoholic beverages to Shannon M. Seidel when it was apparent to the establishment that Shannon M. Seidel was obviously intoxicated to the extent that she presented a clear danger to herself and others.”

John Seidel is suing for his daughter’s medical expenses, funeral costs and mental anguish.

He is also suing for past and future loss of love, affection, society, support, counsel, guidance and contribution.

The plaintiffs are represented by San Antonio attorney Raul A. Rios of The Rios Law Firm.

The case has been assigned to Judge Gary Sanderson, 60th Judicial District.

Case No. B181-728

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In a May 9 suit filed in Jefferson County District Court, a father blamed two establishments in downtown Beaumont’s Crockett Street Entertainment District for letting his intoxicated daughter get behind the wheel and become involved in a crash that took her life.

The father filed the suit under the Dram Shop Act, which is designed to stop the sale of alcohol to an already intoxicated patron.

A dram shop is any drinking establishment where alcoholic beverages are sold. The term relates back to a time when a tavern served patrons by the measurement of a dram, or one-eighth of a fluid ounce.

The first regulated dram shops began in Texas in 1895, with the passage of the state’s first dram shop act. The statute was thereafter revised in 1914, and it was later repealed by revision and omission in 1919.

A significant decision in 1987 opened the door to Dram Shop Act lawsuits.

In El Chico v. Poole, the Texas Supreme Court first imposed a duty on alcohol providers to not serve persons “it knows or should know are intoxicated.”

According to a 2005 article on the Texas Young Lawyers Association Web site, the Poole decision relaxed proximate causation requirements. A week after the court’s decision in Poole, the legislature’s Dram Shop Act became effective.

Section 2.02 of the Texas Alcoholic Beverage Code, otherwise known as the Dram Shop Act, states that “Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action…upon proof that: at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.”

The Legislature made the Dram Shop Act an exclusive remedy for dram shop claims and increased the plaintiff’s burden on liability by requiring proof of “obvious intoxication” and proof that the drunk was a “clear danger.”

In addition, the Dram Shop Act tied proximate causation not to the dram shop’s conduct but to the drunk’s intoxication.

But a case involving a drunk driver made its way to the Texas Supreme Court and opened the Dram Shop Act up for interpretation once again.

The Duenez family filed a negligence suit against F.F.P. Operating Partners and one of its stores after a clerk sold a 12-pack of beer to Roberto Ruiz, who had already consumed a case and a half of beer.
Ruiz then drove his truck into the Duenezes’ car, injuring all five members of the family.

The Duenezes sued F.F.P. and F.F.P. filed a cross-action naming Ruiz as a responsible third party.

In a partial summary judgment, the trial judge ruled that Texas Civil Practice & Remedies Code Chapter 33 Proportionate Responsibility Statute did not apply but that the Dram Shop Act’s exclusive remedy provision did apply.

According to a Texas Lawyer article written in 2006, Chapter 33 makes parties responsible only for their proportionate share of damages awarded, while the Dram Shop Act assigns all liability to providers of alcohol.

At trial, the jury found for the Duenezes, awarding $35 million, making F.F.P. liable for the full amount of the judgment under the Dram Shop Act, even though Ruiz caused the accident.

An appeals court affirmed the trial court and upheld the jury verdict.

On Sept. 3, 2004, in F.F.P. Operating Partners, L.P. v. Duenez, the Texas Supreme Court held in a 5-4 decision that under Chapter 33, a licensed alcohol seller is liable for the percentage of responsibility that the jury assigns to it as well as for the percentage of responsibility that the jury assigns to the drunk driver.

F.F.P. filed a motion for rehearing, and between the time the first opinion was issued and the time rehearing was granted, three members of the five-member majority in the first Duenez opinion left the Supreme Court.

The new court withdrew its prior Duenez opinion and issued a new opinion on Nov. 3, 2006.

This time, the 7-2 majority found that imposing liability on the dram shop for the conduct of the drunk conflicted with the Proportionate Responsibility Statute, and held that the dram shop should only be held jointly and severally responsible it is more than 50 percent responsible.

“The legislative intent to protect the public and provide a potential remedy against an alcohol provider does not equate to a guarantee of recovery against a provider by an injured party,” Justice Dale Wainwright wrote for the majority.

The dissenting votes were cast by Chief Justice Wallace Jefferson and Justice Harriet O’Neill.

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Clay Dugas

Barely a month ago, a young woman left a Beaumont bar and died in a head on collision. In the few weeks since her death on June 5, the woman’s parents have filed a lawsuit, a defendant has filed a counterclaim and the bar where she had been drinking has gone out of business.

As the Southeast Texas Record previously reported, on June 5, Meagan Watkins, 22, of Bridge City had been at the Dixie Dance Hall in the Crockett Street Entertainment District in downtown Beaumont.

When she left the bar, she began travelling west in the eastbound lane of Interstate 10 and struck a stopped tow truck head on. Watkins was pronounced dead at the scene, about five miles west of Beaumont.

Three weeks later, her parents Melissa Dwyer and Jerome Watkins filed a lawsuit against the Dixie Dance Hall as well as the tow truck driver, Travis Blaise Darby, and the owner of the truck, Independent Specialty Towing. Attorney John Morgan of Beaumont’s Lindsay & Morgan is representing the parents. (see “Parents sue other driver, bar for daughter’s DUI death”)

As the month came to a close, the owner of the Dixie announced June 30 that he was shutting down the club – and the all of the other venues he operated on Crockett Street, nearly decimating Beaumont’s downtown entertainment scene.

Repeated calls to McCarson by the Southeast Texas Record were not returned, but the club owner told a local newspaper that lawsuits were part of the reason he decided to suddenly close six successful restaurants, bars and dance clubs on July 1.

In addition to the Watkins suit, McCarson is a defendant in another wrongful death suit filed May 9. In that case, (see “Dram shop suit filed against Crockett Street bars” ) an intoxicated Shannon Seidel climbed into her car after having drinks at Texas Star Bar and Spindletop Seafood & Steak House on Crockett Street and died on her way home when she lost control and struck a tree. Seidel’s father, represented by Raul Rios of San Antonio, filed suit against McCarson’s establishments.

The Record also reported on a personal injury suit filed May 13 against the Dixie by a woman who was thrown from a mechanical bull (see “Woman thrown by mechanical bull sues Crockett Street dance hall“).

The closing of the Dixie Dance Hall, Texas Star Bar, Spindletop Restaurant, Black Cat Lounge, Antone’s and Ten Lounge meant around 150 employees lost their jobs, most with only one day’s notice. McCarson’s departure leaves only three venues — Bobbie McGee’s, Hog Wild and Rio Ritas Cantina — open on Crockett Street.

On July 2, tow truck driver Travis Blaise Darby filed a dendant’s answer, counterclaim and cross claim to the Watkins suit.

He says the claims against him are frivolous and requests that they be dismissed as he files a counterclaim against Meagan Watkins’ parents and a cross claim against the Dixie Dance Hall.

According to Darby, on June 5 he was traveling in an eastbound direction on IH-10 when he was forced to stop by the Texas Department of Public Safety.

“The DPS stopped traffic because a vehicle driven by Meagan Watkins was traveling westbound on IH-10 in the eastbound lane, threatening to cause a serious collision,” the plaintiff’s original complaint states. “Meagan Watkins’ vehicle did indeed strike counter-plaintiff’s vehicle head-on, thereby directly and proximately causing injuries and damages to counter-plaintiff.”

Darby claims he suffered right knee, lower back and chest injuries.
He alleges that Watkins was “negligent per se” at the time of the collision.

But Darby goes on to claim that the Dixie Dance Hall is also liable under the Texas Dram Shop Act.

The Dixie breached its duties by serving Watkins when she was clearly intoxicated and presented a clear danger to herself and others, Darby claims, and adds that the Dixie does not qualify for the “safe harbor” defense to dram shop liability.

Darby is seeking medical expenses, lost wages and damages for mental anguish, physical pain, disability and loss of enjoyment of life.

He also is seeking punitive or exemplary damages for the defendants’ malice and gross negligence.

Darby is being represented by Clay Dugas of Beaumont.

The case is in Judge Bob Wortham’s court.

Case No. A181-952

For results of a Southeast Texas reader poll about the Watkins suit, see http://www.setexasrecord.com/poll/pollview.asp?p=1100

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Last summer, the Record reported on a suit involving a young woman who left a Beaumont bar intoxicated and died in a head on collision.

Now, one of the suit’s defendants, Jefferson County, is arguing for immunity.

Three weeks following her June 5 death, the parents of Meagan Watkins filed a lawsuit against the Dixie Dance Hall, the tow truck driver she struck, Travis Darby, and his employer, Independent Specialty Towing.

When she left the bar, Watkins began travelling west in the eastbound lane of Interstate 10 and struck a stopped tow truck head on. Watkins was pronounced dead at the scene, about five miles west of Beaumont.

A county deputy was on scene at the time of the incident. The officer had assisted in moving oncoming traffic to the shoulder, hoping to avoid a collision, court papers say.

The suit was filed by plaintiff’s attorney John Morgan on behalf of Melissa Dwyer, Watkins’ mother, on June 23 in Jefferson County District Court.

A few months later after the suit was filed, the county was added as a defendant. The county is currently making a plea to the jurisdiction, arguing it has governmental immunity. A hearing was set for Feb. 23 but was pushed back for a later undetermined date.

“I get the feeling Morgan’s real complaint against the (county) is that the officer got out the way,” said Assistant District Attorney Tom Rugg, adding that if the deputy had not moved his car, he would have probably been hit by Watkins instead of the tow truck driver.

“Frankly, the real culpable defendant is Dixie Dance Hall … Dixie is liable for a dram shop claim but they’ve since gone out of business and have no insurance,” Rugg said. “Dixie unfortunately turned this drunk on the road.”

Rugg said he has no qualms with Morgan or his lawsuit, calling the attorney an “honorable man,” and expects the county to eventually be dismissed from the suit.

“(Morgan is) trying to find a way to recover for a family who lost a child,” Rugg said.

Case background

In late July, Morgan filed a motion for default judgment against the Dixie for failing to submit a timely answer. He asked Judge Bob Wortham, 58th District, to grant Meagan’s parents $15 million in damages.

The former Crockett Street bar and dance club has since filed its answer. And although Morgan’s motion is moot, it was the first document in the case that puts a monetary amount on damages.

Two months after the lawsuit was filed, Darby, the tow truck driver, filed an answer, counterclaim and cross claim to the Watkins suit.

He says the claims against him are frivolous and requests that they be dismissed as he files a counterclaim against Meagan Watkins’ parents and a cross claim against the Dixie Dance Hall.

According to Darby, on June 5 he was traveling in an eastbound direction on IH-10 when he was forced to stop by the Texas Department of Public Safety.

“The DPS stopped traffic because a vehicle driven by Meagan Watkins was traveling westbound on IH-10 in the eastbound lane, threatening to cause a serious collision,” Darby’s original complaint states.

“Meagan Watkins’ vehicle did indeed strike counter-plaintiff’s vehicle head-on, thereby directly and proximately causing injuries and damages to counter-plaintiff.”

Darby claims he suffered right knee, lower back and chest injuries.

But Darby goes on to claim that the Dixie Dance Hall is also liable under the Texas Dram Shop Act.

The Dixie breached its duties by serving Watkins when she was clearly intoxicated and presented a clear danger to herself and others, Darby claims, and adds that the Dixie does not qualify for the “safe harbor” defense to dram shop liability.

Morgan is a partner in the Lindsay & Morgan law firm.

The Dixie is represented by attorney Michael D. Getz.

Case No. A181-952

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TEXARKANA, Ark. – After several hours of drinking at a local bar, two underage and highly intoxicated Texarkana residents decided to drive. On a curve, the driver lost control of the vehicle and it left the road and began to flip. The car hit a telephone pole and came to rest upside down.

The driver was ejected and died from his injuries. The passenger, Daniel Allen, was seriously injured.

Allen believes the bar is responsible for the vehicle accident and has filed a lawsuit against Shooters Sports Bar; John Coker, the alcohol permit holder; Collins Ferguson, the manager; and John Doe on Nov. 24 in the Circuit Court of Miller County, Ark.

The accident occurred early on the morning of Nov. 21, 2008, but it was several hours before the car wreck was noticed and first responders arrived on scene.

The plaintiff alleges that the defendants were negligent for serving him alcohol despite the fact he was already highly intoxicated, failing to “use reasonable care to protect the public from reasonably foreseeable injury,” for allowing the plaintiff to leave the bar while highly intoxicated and for serving underage patrons.

Further, the plaintiff states the defendants failed to use reasonable discretion regarding the care of its patrons who were visibly intoxicated.

Allen argues that the bar had a duty to properly hire, train, supervise and retain employee bartenders to protect him from a reasonably foreseeable injury.

He states that bar is negligent for failing to take appropriate action to eject undesirable characters from the premises; permitting irresponsible, vicious or drunken people in the bar; failing to maintain order and sobriety; and failing to protect the public from highly intoxicated patrons.

The plaintiff is seeking damages for loss of earnings and earning capacity, mental anguish, pain and suffering, medical expenses and visible scarring and disfigurement.

Seeking exemplary damages, Allen states that the defendants’ conduct was in reckless disregard for the consequences.

Arkadelphia attorney Alan J. LeVar of the law firm Taylor A. King and Associates PA is representing the plaintiff.

Jury trial is requested.

Miller County Circuit Judge Kelvin Wyrick is assigned to the litigation.

Case No 2009-385-2

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The parents and daughter of a man killed in a car crash have sued the bar that allegedly sold alchohol to the driver who was not only drunk, but also underage.

Michael Slay Chapman died on Nov. 27 when the vehicle in which he was riding was struck by a vehicle driven by Bo Pillsbury. Before the incident, the 19-year-old Pillsbury had been drinking at the Dixie Dance Hall in Beaumont’s Crockett Street Entertainment District.

Chapman’s parents, Wayne and Teresa Chapman, and his daughter, Zoe Jane Chapman, filed a lawsuit against Dixie Host Ltd. on Feb. 1 in Jefferson County District Court.

“Despite being obviously intoxicated and/or showing obvious signs of intoxication that a reasonable person, especially a provider of alcohol should recognize, employees of Defendant continued to serve Bo Pillsbury alcohol,” the suit states.

“After drinking for an extended period of time at the Dixie Dance Hall, Bo Pillsbury was allowed to leave the premises and drive away. As he was driving in an intoxicated state, Bo Pillsbury lost control of his vehicle and struck a vehicle in which Michael Slay Chapman was a passenger.”

In addition, the suit states the bar and its employees were negligent for allowing 19-year-old Pillsbury to be served alcohol when the legal drinking age in Texas is 21.

As a result of his death, the plaintiffs claim they have lost Chapman’s companionship, society, love, comfort, care, maintenance, support, services, advice and counsel. In addition, they suffered mental anguish, according to the complaint.

Zoe Jane Chapman has also lost her father’s inheritance because of the accident, the suit states.

The plaintiffs allege respondeat superior and common law negligence against Dixie Dance Hall.

They seek unspecified damages, plus costs, pre- and post-judgment interest and other relief the court deems just.

Ken W. Lewis of Bush Lewis in Beaumont will be representing them.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D185-848.

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GALVESTON – The surviving relatives of a man who died in a one-car accident in western Galveston County last year have filed a $5 million lawsuit against two establishments they claim served him alcohol before his death.

Cheryl Simmons and Kali Phillips, the mother and daughter of the late Justin Carr, claim that Hugh and Jeff’s Car Wash & Grill in League City and Heartbreakers Strip Club in Dickinson are responsible for Carr’s fatal crash off FM 517 near Dickinson on May 26, 2009.

Their suit was filed May 14 in Galveston County District Court.

According to court papers, Carr went to Hugh & Jeff’s in the early afternoon hours of May 25. He was reportedly sober at the time he entered the premises.

“After being served several alcoholic beverages and liquor shots, (Justin) Carr lost control of his mental and physical faculties,” the suit says.

“(Justin) Carr was further sold, served, or provided alcoholic beverages when he was obviously intoxicated to the extent that (Justin) Carr presented a clear danger to himself and others.”

The original complaint further explains that Carr left the business at 10:30 p.m. that night for Heartbreakers gentelemen’s club where he continued to drink with a friend despite being intoxicated.

Carr departed the club after midnight, allegedly in the same drunken state.

Police reports state that he was traveling west on FM 517 when he crossed the eastbound lane of traffic, struck some trees and crashed through a barbed wire fence. He was killed instantly.

In addition to the specified $5 million in monetary damages, Carr’s estate seeks a jury trial.

Attorney Michael G. Martinez of Friendswood is representing the plaintiffs.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-1304