(June 1, 2012) – A family of four was stopped at a red light, and their lives were forever changed. The family’s vehicle was rear-ended by a drunk driver, injuring all the passengers in the car. Their 2-year-old son was critically injured, sustaining 80 percent permanent brain damage.
This drunk driver had seven (7) previous DWI convictions in two different states. The family is hoping that the court will recognize these convictions as felonies so that this driver can be locked up behind bars under a life sentence.
The family of the now 6-year-old boy brought a personal injury lawsuit against Applebee’s, alleging that the restaurant served the driver too much alcohol, even though he was visibly intoxicated. After the accident, an investigation found the drunk driver’s receipt from the day of the accident, which showed he was served twenty-three (23) drinks in a two-hour period at an Applebee’s location in Texas. His blood-alcohol level was more than 3x the legal limit, as stated in the police report.
According to the family, they believe that the management at Applebee’s allowed the driver to leave the restaurant “drunk,” resulting in this terrible accident. The family is seeking more than $10 million for injuries sustained in this drunk-driving crash, as well as the financial burden of their son’s physical needs, loss of earnings, past medical expenses, emotional trauma and mental anguish.
As for the cause of action, this suit likely cited Texas’ Dram Shop Act. The law, as in many other states, allows businesses to be sued for damages arising from serving too much alcohol to a customer who later causes a crash.
Although the Applebee’s settlement amount is being kept secret, with this money, the family is hoping to purchase a specially equipped van for their son, along with a nurse to help with his care around-the-clock.
This settlement is a reminder to establishments that serve alcohol, that they have a responsibility to exercise good judgment and be extremely careful when their patrons have clearly had too much to drink. This terrible accident never would have happened if the bartender took action to cut this man off. It is true that everyone has a different level of tolerance, but it is safe to say that any human being would be too drunk to operate a vehicle after twenty three alcoholic beverages.
What do you think about this article? Should the Applebee’s server have cut this man off sooner? Should the server have prohibited this man from operating his vehicle? Follow us on Twitter, and become a fan of our Facebook page. For more information, stop by our website, or contact one of our attorneys at 1-800-246-HURT (4878).