GALVESTON – A Galveston County man is suing a La Marque bar and its owner after he was involved in a one-vehicle accident last year.

Jonathan Luna alleges that his visit to The Pig Pen on the night of Dec. 19 resulted in a rollover along the Gulf Freeway in Webster. His wife, Kelly Luna, and their young children are also plaintiffs in the lawsuit filed Feb. 1 in Galveston County District Court.

The plaintiffs claim The Pig Pen knew Luna was already intoxicated after consuming numerous drinks at the establishment, but continued to serve him alcohol beverages.

Luna left the bar after 2 a.m. the morning of Dec. 20 and got into an accident in which he was ejected from the vehicle, the original petition says.

It further explains that he sustained a permanent head injury and required heart surgery.

Consequently, the complainants seek unspecified monetary damages and a jury trial.

Attorney Michael G. Martinez of Friendswood is representing the plaintiffs, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-0164

A Jefferson County woman has filed suit against the driver she claims was intoxicated and the bar that allegedly served him alcoholic beverages.

Laretta Hill claims she was riding in a vehicle driven by defendant Karlon Travis Bowen eastbound on Interstate 10 when Bowen took the exit ramp at milepost 856 and struck the concrete crash pad.

At the time of the collision, Karlon Bowen was driving a vehicle belonging to Kandace Bowen, according to the complaint filed April 8 in Jefferson County District Court.

Mid-County Venture and Whiskey River are also named as defendants because they allegedly sold intoxicating beverages to Karlon Bowen before the collision, the complaint says.

Because of the accident, Hill claims she sustained injuries, physical impairment, disfigurement, extreme physical and mental pain and suffering and anguish, the suit states. In addition, she incurred medical costs, the complaint says.

Hill blames Karlon Bowen for causing the collision, saying he negligently failed to keep a proper lookout, failed to turn his vehicle to avoid a collision, failed to heed warnings, failed to proceed only when it was safe to do so, failed to control his speed and drove under the influence of alcohol.

In addition, Kandace Bowen is named as a defendant because she owned the white 2001 Ford F-150 pickup truck Karlon Bowen was driving, according to the complaint.

“Defendant, Kandace Bowen, knew or in the exercise of due care, should have known, that the operator was an incompetent and unfit driver and would create an unreasonable risk of danger to persons and property on the public streets and highways of Texas,” the suit states.

In her complaint, Hill seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus post-judgment interest at the highest rate, costs and other relief the court deems just.

Brian D. Sutton and Stephanie H. Harris of Sutton and Jacobs in Beaumont will be representing her.

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

Case No. D189-736

GALVESTON – Brazoria County resident Guadalupe Carreon has filed suit against a Houston bar over the death of her son in a car crash.

According to a lawsuit filed April 5 in Galveston County District Court, Guillermo Ayala Jr. died two years ago as a result of injuries he sustained in a one-car accident after a night of drinking at Sherlock’s Baker Street Pub in Houston.

Sherlock’s is owned and operated by defendants Sherlock’s USA Inc. and Hospitality USA Investment Group Inc.

Ayala and his wife were at the establishment the night of April 6, 2009, and the suit claims Sherlock’s continued to serve Ayala alcohol although he was already in an intoxicated state.

Ayala later crashed his vehicle in what court papers described as a fiery event.

Police pulled Ayala from the flaming wreckage. He sustained multiple injuries as well as burns to a significant percentage of his body, the suit says.

Ayala died at a local hospital a few days later.

Carreon consequently sues for pain and suffering, mental anguish and medical and funeral expenses. She also requests a jury trial.

The plaintiff is entitled to recover damages pursuant to the Texas Dram Shop Act, the Texas Wrongful Death Statute and the Texas Survival Statute, the suit says.

The Little Law Firm P.C. is representing Carreon, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-0576

GALVESTON – Texas City resident Juan Antonio Robles is suing Dickinson establishment Fishbonz Investments LLC and Bacliff native Robert Gordon Harvey over an auto wreck in League City last year, recent court documents say.

A lawsuit filed July 8 in Galveston County District Court claims Harvey was intoxicated after drinking at Fishbonz Bar and Grill on March 12, 2010, when he got into an accident with Robles.

The original petition shows the plaintiff stopped his 2009 Nissan in an eastbound turning lane in the 800 block of FM 646 near 12th Street just as the respondent – in a 1999 Toyota Tacoma – “unexpectedly and without notice” entered the turning lane.

According to the suit, both parties subsequently became involved in a head-on collision.

Robles alleges Harvey just left Fishbonz prior to the event in question, stating the business “served or provided alcohol beverages to the defendant when he was at a level of intoxication where a reasonable and productive server of alcohol would not have continued to provide such alcohol.”

The suit does not elaborate on the extent of the complainant’s injuries, but faults respondent Harvey for failing to pay proper attention to the road.

Consequently, Robles seeks a minimum of $50,000 in damages.

Attorney Lawrence M. Tylka of League City is representing the plaintiff, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1119

GALVESTON – Friendswood resident Charles A. Shearrow II states he was involved in a two-vehicle accident in San Leon last year with a drunk driver.

Shearrow filed a lawsuit against Timothy Jones Miller, Jone Yandell Miller, Michael Patrick Dunn and Wayno’s Bar and Grill Jan. 20 in Galveston County District Court.

According to the suit, Shearrow was a passenger in a vehicle driven by his father on Jan. 19, 2011, when they were struck by Timothy Jones Miller.

According to the original petition, Timothy Jones Miller just left Wayno’s, which is owned by Dunn, in a vehicle belonging to Jone Yandell Miller prior to the collision in question.

The suit says the establishment served the motorist alcoholic beverages “while he was obviously intoxicated,” adding his blood alcohol content level reached .26, which is more than three times the legal limit for intoxication in the state.

The suit states Timothy Jones Miller failed to heed a stop sign near Wayno’s and crashed into the vehicle carrying the plaintiff.

Timothy Jones Miller then fled the scene to his nearby residence where authorities arrested him for driving while intoxicated, the lawsuit alleges.

Meanwhile, the plaintiff was taken to St. John Hospital in Nassau Bay where he was treated for “severe, debilitating and permanent” injuries to his brain and vertebrae, the suit states.

Shearrow consequently seeks unspecified monetary damages and a jury trial.

He is represented by Collins, O’Neal & Swofford PLLC.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 12-cv-0077

Several area residents have filed a petition to take depositions, believing a local business illegally sold alcohol to three minors – teenagers who later died in an automobile collision.

Kelly and James Bates, along with Kimberly Jones, Harold Brantley, Jack Smith and Dawn Fluts filed the petition Feb. 24 in Jefferson County District Court, seeking the deposition of Triangle Marketing corporate representative Hussain Ali Habib to investigate a potential dram shop suit against The County Store.

According to the petition, on Sept. 18, 2011, J.B, 16, D.B., 17, and G.S., 17, were killed in an automobile collision.

Upon information and belief, the driver, G.S., had a blood alcohol limit above the legal limit.

“The alcohol consumed by said minor driver had been illegally provided by The County Store in violation of the law prohibiting the sale of alcohol to minors,” the petition states.

The petitioners are seeking all testimony, records and video related to the event.

The petitioners are represented by attorneys Darren Brown of the Provost Umphrey law firm, Trenton Bond of Portner Bond and Beaumont attorney Clay Dugas.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B192-015

In February, the Southeast Texas Record reported that several area residents filed a petition to take depositions, believing a local business illegally sold alcohol to minors – teenagers who later died in an automobile collision.

The petition was filed by Kelly and James Bates, along with Kimberly Jones, Harold Brantley, Jack Smith and Dawn Fluts on Feb. 24 in Jefferson County District Court, seeking the deposition of Triangle Marketing corporate representative Hussain Ali Habib to investigate a potential dram shop suit against The County Store.

Court records show that the petition was re-filed as a lawsuit on March 16, naming only Jack Smith and Dawn Fluts as plaintiffs.

According to the new petition, on Sept. 17, 2011, The County Store allegedly sold minors identified as R.G. and B.S., both of whom were under 18, a large quantity of alcohol, which was a proximate cause of their intoxication and lethal car crash that followed.

The first petition alleges that the driver had a blood alcohol limit above the legal limit.

In their suit, the plaintiffs allege the defendants illegally provided alcohol to in violation of the law prohibiting the sale of alcohol to minors.

In addition to exemplary damages, the plaintiffs are suing for their pecuniary loss and mental anguish.

They are represented by Beaumont attorney Clay Dugas.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case Nos. B192-015 and B192-194

Hunter

Another plaintiff has filed a dram shop claim against Triangle Marketing.

The Southeast Texas Record reported in February that several area residents filed a petition to take depositions, believing a local business illegally sold alcohol to minors – teenagers who later died in an automobile collision.

The original petition was filed by Kelly and James Bates, along with Kimberly Jones, Harold Brantley, Jack Smith and Dawn Fluts on Feb. 24 in Jefferson County District Court, seeking the deposition of Triangle Marketing corporate representative Hussain Ali Habib to investigate a potential dram shop suit against The County Store.

The Dram Shop Act makes a business that sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated strictly liable to anyone injured by the drunken patron or guest.

The petition was re-filed as a lawsuit on March 16, naming only Jack Smith and Dawn Fluts as plaintiffs, court records show.

On March 26 a second petition over the incident was filed by Clinton Lloyd.

In his suit, Lloyd asks that the court consolidate the claims into the original filing (Case No. B192-015).

The petitions allege that on Sept. 17, 2011, The County Store allegedly sold several minors a large quantity of alcohol, which was a proximate cause of their intoxication and lethal car crash that followed.

All the plaintiffs allege the defendants illegally provided alcohol to in violation of the law prohibiting the sale of alcohol to minors.

In addition to exemplary damages, the plaintiffs are suing for their pecuniary loss and mental anguish.

Lloyd is represented by Provost Umphrey attorney Larry Hunter of Beaumont.

Judge Gary Sanderson, 60th District Court, is assigned to all three cases.

Case Nos. B192-015, B192-194 and B192-225

A Beaumont judge has allowed an attorney to withdraw as defense counsel for a local bar named in a dram shop suit.

Last April, Laretta Hill filed suit against Karlon Travis Bowen, Kandace Bowen and Mid-County Ventures (Whiskey River) in Jefferson County District Court.

Court records show that Whiskey River is the suit’s sole remaining defendant.

On April 23 the bar’s former attorney, Jerry Gallier, filed a motion to withdraw, asserting that he intended to move and would no longer be able to communicate with his client.

Judge Milton Shuffield, 136th District Court, granted the motion on May 4, citing that Gallier’s difficulty communicating with Whiskey River constitutes grounds for withdrawal, court papers say.

In her suit, Hill claims she was riding in a vehicle driven by Bowen traveling east on Interstate 10 when Bowen took the exit ramp at milepost 856 and struck the concrete crash pad.

Hill claims she sustained injuries, physical impairment, disfigurement, extreme physical and mental pain and suffering and anguish, the suit states. In addition, she incurred medical costs, the complaint says.

Brian D. Sutton and Stephanie H. Harris of Sutton and Jacobs in Beaumont represent her.

Case No. D189-736

Dugas

A plaintiff who filed a Dram Shop suit is asking a Beaumont judge to quash USAA Insurance’s request for his insurance and medical records.

In February, the Southeast Texas Record reported that several area residents filed a petition to take depositions, believing a local business illegally sold alcohol to minors who later died in an automobile collision.

Court records show that the petition was re-filed as a lawsuit on March 16, with Jack Smith and Dawn Fluts as plaintiffs and Triangle Marketing and its representative Hussain Ali Habib as defendants.

On July 23, Smith filed a motion to quash, seeking a protective order against USAA’s request for his insurance and medical records, court papers say.

Smith contends his records have no bearing on the case and are irrelevant.

According to the original petition, on Sept. 17, 2011, The County Store allegedly sold minors a large quantity of alcohol, which was a proximate cause of their intoxication and the deadly car crash that followed.

In their suit, the plaintiffs allege the defendants illegally provided alcohol to the teens in violation of the law prohibiting the sale of alcohol to minors.

In addition to exemplary damages, the plaintiffs are suing for their pecuniary loss and mental anguish.

They are represented by Beaumont attorney Clay Dugas.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case Nos. B192-015

GALVESTON – An auto-pedestrian accident along the Galveston Seawall in April which killed two men and a dog has resulted in a lawsuit, recent Galveston County court records show.

Purdue

The estate of Steven L. Hunt filed suit on Oct. 4 in Galveston County District Court. The suit states Hunt, 42, and Joseph Owens, 43, were walking a dog on the seawall on April 25 when they were struck by defendant Matthew Shelton, who was allegedly intoxicated.

According to the original petition, Shelton had allegedly been drinking at the nearby Beach Hut when he left the establishment in his 2008 red Mitsubishi Eclipse. Shelton lost control of his vehicle and drove up onto the sidewalk in the 1300 block of Seawall Boulevard and fatally struck the men and the dog.

Authorities charged Shelton with two counts of intoxication manslaughter. He is accused of failing to maintain a proper lookout, failing to control the Eclipse and failing to timely apply the brakes, the suit says.

The Beach Hut is also a defendant since the business reportedly served him alcohol beverages though it was aware he was already intoxicated.

Consequently, Hunt’s estate seeks unspecified monetary damages.

Attorney Keith C. Purdue with the Grossman Law Offices P.C. in Dallas is representing the plaintiffs.

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

Case No. 12-cv-2130

A defendant blamed for allowing three men to be over-served and drive home intoxicated, which led to a crash that claimed all three men’s lives, is asserting one of the deceased men failed to look out for his own safety.

Guillot

Representing the estate of Justin Lee Anderson-Brown, Stacy Brown filed suit against Fannett Entertainment (Gold Club), PML Clubs and William Grimes, on June 5 in Jefferson County District Court.

Court records show that on Oct. 18, PML Clubs filed an answer asserting the decedent represented by Brown “failed to exercise ordinary care and prudence for his own safety and personal well-being.”

The plaintiff’s first amended petition, filed Oct. 9, claims PML maintains an agency relationship with Gold Club and maintained polices relating to intoxicated customers.

According to the lawsuit, on March 6 Anderson-Brown, Grimes and Travis Crisman arrived at the Gold Club around 10:30 p.m. and continued to drink until the early morning hours of March 7.

“The Gold Club continued to … sell alcoholic beverages to (the men) when they were obviously intoxicated to the extent they each presented a clear danger to their personal selves and others,” the suit states.

The employees allegedly allowed the men to climb into a pickup truck and leave, according to the suit.

As a result, Grimes lost control of the truck, which flew off an embankment and collided head-on with a tree, causing a “fiery crash” that claimed the lives of all three men, the suit states.

Anderson-Brown and Crisman were trapped inside the vehicle as it burned. Grimes was ejected through the windshield upon impact.

The plaintiff is suing for wrongful death damages.

Bellaire attorney Mark Weycer represents her.

Dallas attorney Gregory Guillot represents PML.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-533

Fannett Entertainment, doing business as Gold Club, recently had its motion for summary judgment denied in a dram shop suit against the company.

Mazzola

In August 2011, Ashley Hollyfield, a mother of two and former Gold Club employee, was killed while driving home intoxicated after leaving the exotic dancing establishment.

As previously reported, on Sept. 30, 2011, her parents, Duane and Susan Willis, filed suit against Fannett Entertainment in Jefferson County District Court. Hollyfield’s minor children are also listed as plaintiffs in the suit.

Court records show that on Oct. 10, Gold Club filed a motion for summary judgment, arguing that it is “undisputed that the proximate cause of Hollyfield’s accident was the fact that she was driving the wrong way on Interstate 10 while intoxicated.”

“Hollyfield’s intoxication and wrong direction driving are negligence per se,” the motion states. “Defendant asks the court to rule as a matter of law that Hollyfield was contributorily negligence…”

Judge Milton Shuffield, 136th District Court, denied the motion on Oct. 31, court records show.

According to the lawsuit, Gold Club allegedly encourages its employees to drink while working to increase its profits. On the night of Aug. 2, Hollyfield was drinking alcohol while in the course and scope of her employment as a waitress.

“Gold Club … continued to sell alcoholic beverages to decedent even after she had become visibly intoxicated and incapacitated,” the suit states.

Later that night, a Gold Club employee walked Hollyfield to her vehicle and allowed her to drive home.

“While driving home … decedent suffered fatal injuries upon colliding head-on with a tractor-trailer,” the suit states, adding that tests revealed her blood alcohol content to be nearly 2.5 times the legal limit.

The suit further alleges Gold Club negligently served Hollyfield alcoholic beverages and allowed her drive, even though it was clear she was a danger to herself and others.

“Gold Club profits handsomely as a result of its policy to financially incentivize employees to consume alcohol on the job,” the suit states. “It cannot then turn a blind eye when one of those employees get into their vehicle and drive home intoxicated.”

The plaintiffs are seeking all wrongful death damages allowable under law.

Beaumont attorney Brian Mazzola represents them.

Houston attorney Keith Slade of Tucker, Taunton, Snyder & Slade represents the defendant.

Case No. D191-031

Rather than let a jury judge the case, Fannett Entertainment, doing business as Gold Club, has opted to settle a dram shop suit against the company.

Mazzola

In August 2011, Ashley Hollyfield, a mother of two and former Gold Club employee, was killed while driving home intoxicated after leaving the exotic dancing establishment.

As previously reported, on Sept. 30, 2011, her parents, Duane and Susan Willis, filed suit against Fannett Entertainment in Jefferson County District Court. Hollyfield’s minor children are also listed as plaintiffs in the suit.

The case was set to go to trial Monday. However, a court house official told the Southeast Texas Record the case settled.

Court records show that on Oct. 10, Gold Club filed a motion for summary judgment, arguing that it is “undisputed that the proximate cause of Hollyfield’s accident was the fact that she was driving the wrong way on Interstate 10 while intoxicated.”

“Hollyfield’s intoxication and wrong direction driving are negligence per se,” the motion states. “Defendant asks the court to rule as a matter of law that Hollyfield was contributorily negligence…”

Judge Milton Shuffield, 136th District Court, denied the motion for summary judgment on Oct. 31, court records show.

According to the lawsuit, Gold Club allegedly encourages its employees to drink while working to increase its profits. On the night of Aug. 2, Hollyfield was drinking alcohol while in the course and scope of her employment as a waitress.

“Gold Club … continued to sell alcoholic beverages to decedent even after she had become visibly intoxicated and incapacitated,” the suit states.

Later that night, a Gold Club employee walked Hollyfield to her vehicle and allowed her to drive home.

“While driving home … decedent suffered fatal injuries upon colliding head-on with a tractor-trailer,” the suit states, adding that tests revealed her blood alcohol content to be nearly 2.5 times the legal limit.

The suit further alleges Gold Club negligently served Hollyfield alcoholic beverages and allowed her drive, even though it was clear she was a danger to herself and others.

“Gold Club profits handsomely as a result of its policy to financially incentivize employees to consume alcohol on the job,” the suit states. “It cannot then turn a blind eye when one of those employees get into their vehicle and drive home intoxicated.”

The plaintiffs were seeking all wrongful death damages allowable under law. Terms of the settlement are confidential.

Beaumont attorney Brian Mazzola represents the plaintiffs.

Houston attorney Keith Slade of Tucker, Taunton, Snyder & Slade represents the defendant.

Case No. D191-031

GALVESTON – A Wisconsin man has filed a lawsuit in response to an auto-pedestrian accident in Galveston that killed his daughter almost two years ago.

Roger Harris’s lawsuit, filed Aug. 13 in Galveston County District Court, alleges Island Yard Byrds Inc. served the motorist who fatally struck Amanda Medlock, 34, the evening of Oct. 1, 2011.

Harris seeks more than $1 million in damages.

According to recent court documents, the respondent, doing business as both The Spot and Side Yard, sold alcoholic beverages to patron Felix Garza “even though it was apparent to the defendants that Felix Garza was obviously intoxicated to the extent that he presented a clear danger to himself and to other persons.”

Garza, who is not a defendant in the case, then left the respondents’ premises in his 2006 Lincoln Zephyr “while in a state of obvious intoxication” and drove west on Seawall Boulevard.

Meanwhile, the decedent and a male companion were crossing the 5400 block of Seawall when Garza “failed to keep a proper lookout for pedestrians crossing the roadway” when he purportedly hit the pair, the original petition says.

It adds Medlock sustained fatal injuries as a result of the collision in question.

A local state district court recently sentenced the 31-year-old Garza, a Texas City local, to 28 years in prison for the incident that is now the focus of the litigation.

Attorney Keith C. Purdue of the Grossman Law Offices P.C. in Dallas is representing Harris, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-1052

GALVESTON – A lawsuit filed over a 34-year-old Deer Park woman’s 2011 death in an auto-pedestrian accident in Galveston came to a quick end, according to court records.

The late Amanda Medlock’s father, Wisconsin resident Roger Harris, moved to non-suit Island Yard Byrds Inc. on Aug. 27, exactly two weeks after he initiated legal action.

Markle

Harris brought suit against the defendant, doing business as both The Spot and Side Yard, for serving the motorist who was charged with fatally striking Medlock the evening of Oct. 1, 2011.

The original petition alleged that the bars sold alcoholic beverages to patron Felix Garza despite being “obviously intoxicated to the extent that he presented a clear danger to himself and to other persons.”

Garza, who is not a defendant in the case, then left the defendant’s premises in his 2006 Lincoln Zephyr “while in a state of obvious intoxication” and drove west on Seawall Boulevard.

Meanwhile, the decedent and her boyfriend were crossing the 5400 block of Seawall when Garza “failed to keep a proper lookout for pedestrians crossing the roadway” when he hit the pair, the suit said.

Medlock was killed in the accident.

The 31-year-old Garza, a Texas City local, is currently serving a 28-year prison sentence for the incident.

Medlock’s estate sought more than $1 million in damages.

The defendant purportedly provided an original answer a week after the suit was filed.

It was represented by attorney Spencer G. Markle of Markle DeLaCruz, LLP in Houston.

Case No. 13-CV-1052

Jury selection began Monday afternoon in a dram shop lawsuit against Hooters, which alleges the popular eatery over-served an “obviously” intoxicated customer who has been officially charged with vehicular manslaughter.

Melba Braud filed suit against Derek McBride and Texas Wings Inc., doing business as Hooters, on Feb. 19 in Jefferson County District Court.

“Dram shop” laws allow DUI victims or their families to sue alcohol vendors or retailers for monetary damages.

On Nov. 15, Judge Bob Wortham, 58^th District Court, ordered the parties to continue a mediation process that started Nov. 12.

However, according to a courthouse official, no settlement was reached on the morning of Nov. 18, inching the case closer to trial.

Braud’s third amended petition says the lawsuit arises out of the death of Amber Roussel on July 30, 2012, as a result of an intoxicated McBride allegedly racing down Interstate 10 with Caleb Harley.

“The Beaumont Hooters … served McBride and Harley when they were obviously … intoxicated and unable to operate a motor vehicle,” the suit states.

“As was predictable and foreseeable, the (two men) in their intoxicated condition failed to operate their vehicles in a reasonable and prudent manner. (They) were racing at a high rate of speed on I-10 … when McBride passed a vehicle on the shoulder and hit another vehicle, lost control and hit the center concrete median, knocking the brush guard off his vehicle.”

The guard flew through the air like “a missile” and smashed the windshield of the vehicle Roussel was riding in as a passenger, killing her, the suit states.

Last November, McBride was indicted on charges of intoxication manslaughter and intoxication assault. His trial is set for March, according to local media reports.

The suit accuses him of negligently operating a vehicle while under the influence of alcohol. Hooters is accused of breaching its duty by over-serving him.

Plaintiff Ryan Roussel and his children had their claims against McBride, Harley and Hooters consolidated into Braud’s suit.

The plaintiffs are suing for damages under the Wrongful Death Act and seek an award of exemplary damages.

Friendswood attorney Alton Todd represents Braud.

Hooters is represented in part by Dallas attorney Douglas Fletcher of Fletcher, Farley, Shipman & Salinas.

Case No. A193-952

On Wednesday, the plaintiff’s attorney representing the mother of the late Amber Roussel asked jurors to award his client $32 million dollars, $1 million for every year lost. 

Roussel’s mother, Melba Braud, filed suit against Derek McBride, who has officially been charged with vehicular manslaughter, and Texas Wings Inc., doing business as Hooters, on Feb. 19 in Jefferson County District Court.

Jury selection in the dram shop lawsuit, which alleges Hooters over-served an “obviously” intoxicated McBride, began on Nov. 18.

Todd

“Dram shop” laws allow DUI victims or their families to sue alcohol vendors or retailers for monetary damages.

On Nov. 20 jurors heard opening statements. Fifteen jurors were selected to judge the evidence, 12 women and three men.

Braud’s attorney, Alton Todd of Friendswood, began his opening remarks by showing jurors a 250-pound brush guard, not unlike the one that flew through Roussel’s windshield and killed her on July 30, 2012, after McBride crashed while drag racing down Interstate 10 with Caleb Harley.

“It was the last thing she saw,” Todd said, concluding that he would ask jurors to award Braud $32 million, $1 million for every year she has lost with her daughter.

“The Beaumont Hooters … served McBride and Harley when they were obviously … intoxicated and unable to operate a motor vehicle,” the suit states.

Adams

“As was predictable and foreseeable, the (two men) in their intoxicated condition failed to operate their vehicles in a reasonable and prudent manner. (They) were racing at a high rate of speed on I-10 … when McBride passed a vehicle on the shoulder and hit another vehicle, lost control and hit the center concrete median, knocking the brush guard off his vehicle.”

The guard flew through the air like “a missile” and smashed the windshield of the vehicle Roussel was riding in as a passenger, killing her, the suit states.

Todd told jurors that he believes the evidence will show that Hooters was promoting alcohol sales and was negligent in serving McBride more than a dozen alcoholic beverages.

McBride’s defense centers on Hooter’s over-serving him and not cutting him off.

Hooters attorney Kent Adams countered by saying it was McBride who “made some very bad decisions that day.”

Adams singled out McBride’s defense too, saying it takes a lot for he and his defendants to get up and blame a restaurant for McBride getting drunk and drag racing down I-10.

The suit accuses McBride of negligently operating a vehicle while under the influence of alcohol. Hooters is accused of breaching its duty by over-serving him.

Plaintiff Ryan Roussel and his children had their claims against McBride, Harley and Hooters consolidated into Braud’s suit.

The plaintiffs are suing for damages under the Wrongful Death Act and seek an award of exemplary damages.

In addition to Adams, Hooters is also represented in part by Dallas attorney Douglas Fletcher of Fletcher, Farley, Shipman & Salinas.

Case No. A193-952

GALVESTON – A local man is suing a motorist he claims was drunk when the two got into an accident in Galveston two years ago.

According to a lawsuit filed Dec. 5 in Galveston County District Court, Galveston resident Karl Michael Zamora was fresh from drinking at the now-shuttered The Loading Dock Bar and Grill on Dec. 6, 2011, when he collided with plaintiff Albert L. Vargas at the intersection of Avenue O and 39th Street.

The suit shows that Vargas was proceeding on a green light on 39th, but Zamora, who was traveling on O, apparently ignored the red light and “violently” struck Vargas’s vehicle, causing the latter “severe injuries and property damage.”

Vargas asserts Zamora was speeding just before the wreck in question.

Robert Big Dawg Smith Inc. and its namesake proprietor, which owned and operated The Loading Dock, are named in the suit for allegedly serving Zamora though they were aware he was already intoxicated.

Pamela Pursley, also of Galveston, is implicated for purportedly entrusting her vehicle to Zamora.

Consequently, Vargas seeks unspecified monetary damages.

He is represented by attorney Byron M. Buchanan of The Buchanan Law Office P.C. in Houston.

The case has been assigned to the Galveston County 212th District Court.

Case No. 13-CV-1523

A Jefferson County judge has temporarily sealed settlement information related to a dram shop suit against Hooters which sought millions in damages over the death of 32-year old Amber Roussel.

“Dram shop” laws allow DUI victims or their families to sue alcohol vendors or retailers for monetary damages. 

Roussel’s mother, Melba Braud, filed suit against Derek McBride, who has officially been charged with vehicular manslaughter, and Texas Wings Inc., doing business as Hooters, on Feb. 19 in Jefferson County District Court.

The dram shop lawsuit, which alleges Hooters over-served an “obviously” intoxicated McBride, went to trial Nov. 18.

Three days later, Hooters settled with Braud and Roussel’s adopted father, Ryan Roussel, who sued individually and on behalf of his minor children. His claim was consolidated with Braud’s.

Court records show that on Dec. 5, Ryan Roussel and Hooters filed an agreed motion to seal court records, seeking to seal the terms of the settlement in order to protect the interests of the minor children.

That same day, Judge Bob Wortham, 58^th District Court, temporarily sealed the records until further notice.

During the trial, Braud’s attorney, Alton Todd of Friendswood, began his opening remarks by showing jurors a 250-pound brush guard, not unlike the one that flew through Roussel’s windshield and killed her on July 30, 2012, after McBride crashed while drag racing down Interstate 10 with Caleb Harley.

“It was the last thing she saw,” Todd said, concluding that he would ask jurors to award Braud $32 million, $1 million for every year of Roussel’s life.

The suit accused McBride of negligently operating a vehicle while under the influence of alcohol. Hooters is accused of breaching its duty by over-serving him.

“The Beaumont Hooters … served McBride and Harley when they were obviously … intoxicated and unable to operate a motor vehicle,” the suit states.

“As was predictable and foreseeable, the (two men) in their intoxicated condition failed to operate their vehicles in a reasonable and prudent manner. (They) were racing at a high rate of speed on I-10 … when McBride passed a vehicle on the shoulder and hit another vehicle, lost control and hit the center concrete median, knocking the brush guard off his vehicle.”

The guard flew through the air like “a missile” and smashed the windshield of the vehicle Roussel was riding in as a passenger, killing her, the suit states.

In addition to attorney Kent Adams, Hooters is also represented in part by Dallas attorney Douglas Fletcher of Fletcher, Farley, Shipman & Salinas.

Case No. A193-952