SOURCE: Grossman Law Offices

Grossman Law Offices

April 25, 2013 08:40 ET

Grossman Law Offices Files Wrongful Death Suit Against Alcohol Provider in Drunk Driving Death of Jesus Renee Natal

AUSTIN, TX--(Marketwired - April 25, 2013) - The suit (Cause No. D-1-GN-13-000580, filed within the 200th Judicial District of Travis County) alleges the victim was drinking at a local Pluckers restaurant in San Marcos, Texas, on or about the evening of September 13, 2012. The victim was allegedly served alcohol to the point of intoxication, and continued service thereafter. The suit alleges Pluckers knew of the victim's obvious state of intoxication, such that he presented a danger to himself and to others. Following this service, and allegedly in an intoxicated state, the victim left the restaurant and struck the rear of a delivery truck, sustaining fatal injuries from the collision.

The suit asserts dram shop and vicarious liability causes of action, as employees who allegedly served alcohol to the victim were operating within the course and scope of their employment with Pluckers. Austin drunk driving accident attorney Keith Purdue comments on the suit, "According to the TABC, and codified within the Texas Alcoholic Beverage Code, licensed providers of alcohol have a duty to their customers to refrain from service once a patron becomes intoxicated. While we certainly understand the issues involved in representing the estate of an intoxicated driver, this suit takes aim at the typical genesis of these types of accidents, the alcohol provider."

Indeed the Texas Alcoholic Beverage Code was enacted to define a cause of action when it can be proven that the service of alcohol, to an "obviously intoxicated" individual was the "proximate cause of the damages suffered." Tex. Alco. Bev. Code Ann. § 2.02(b). Attorney Purdue continues, "To become a licensed alcohol provider, the TABC requires employers and employees to undergo training, and specifically, training in identifying the signs of intoxication. Intuitively, everyone understands the problems associated with continually serving an already intoxicated individual, and the Texas Alcoholic Beverage Code codifies these concerns."

Attorney Purdue continues, "This is notable, because the code applies to every licensed alcohol provider, even the less traditional providers like the defendant. Our suit is in line with the spirit of the law; if you sell alcohol to the public, these rules apply to you, and you must be safe and responsible about it."

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